Bostock v. Clayton County

Update 02/24/2021

President Biden signed an Executive Order on January 25, 2021, requiring protections of LGBTQ people in housing, health care, and education. The Executive Order cites the recent Supreme Court decision, Bostock v. Clayton County, that held that the prohibition against sex discrimination in the Equal Employment Act prohibits discrimination on the basis of sexual orientation and gender identity. The Executive Order requires the applicable federal agencies, including HUD, to promulgate actions consistent with Bostock and the various civil rights laws. This Executive Order will result in new HUD regulations explaining the protections of LGBTQ persons under the Fair Housing Act.  

We believe there will be a notable increase in testing and enforcement of the new fair housing protections of LGBTQ people. Whenever changes in regulations occur, housing providers can expect an increase in testing by housing advocacy agencies.  We will provide updates on these regulations as they become available. To avoid unnecessary liability, all housing providers should be educated about these changes, and ensure that all employees are properly trained and prepared for testers. For more information on this groundbreaking case and what to expect check out our youtube video below.” 

July 2020 Original Post

The Supreme Court has had a pending case involving sexual orientation and gender identity. In a very recent historic decision, Bostock v. Clayton County, Georgia, 590, U.S. ___ (2020), (“Bostock”) the U.S. Supreme Court expanded its interpretation of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination. This law prohibits discrimination on the basis of sex, but not explicitly on the basis of sexual orientation or gender identity. The Court has determined in this decision that Title VII’s protection of employees on the basis of sex also protects employees on the basis of sexual orientation and gender identity.