NEW MEXICO’S BUSINESS LAWYERS ®

Supreme Court Rules in LGBTQ Case

June 16, 2020

On June 15, 2020, the United States Supreme Court issued its ruling banning employment discrimination on the basis of sexual orientation or gender identity. In a 6 to 3 vote, the Court found that under Title VII of the Civil Rights Act of 1964, the prohibition on discrimination based on “sex” includes discrimination based on sexual orientation or gender identity. See Bostock v. Clayton County, Georgia, 590 U. S. _____ (2020).

At the time of the Supreme Court’s ruling, a majority of states had no prohibitions on discrimination based on sexual orientation or gender identity; however, this ruling imposes no new requirements on New Mexico employers. Since the 1970s, New Mexico has had a state law entitled the New Mexico Human Rights Act. Effective July 1, 2003, the Human Rights Act was amended to prohibit discrimination based on sexual orientation or gender identity in matters of employment, housing, credit, public accommodations, and union membership.

Employers with operations in states affected by the Bostock ruling may want to review and update their personnel policies and such documents as job postings and applications.

Skip to content