Sexual Orientation and Transgender Status Now Protected From Discrimination in the Workplace: The Bostick Decision
Content published January 2021 in the Seidman Business Review, Volume XXVII, Winter 2021 edition.
Marie McKendall, Ph.D., Professor, Department of Management
Can an employer fire someone because they don’t like the color of an employee’s socks? This is often how I begin the discussion of Title VII and discrimination law in my human resource course. Students inevitably respond with, “No, that isn’t permissible”. When asked why it is not permissible, they say the action is discriminatory. So I ask, “Is the color of employees’ socks protected by federal law?” No, it is not. So, in most states in the country, it is legal to fire employees for the color of their socks. This may be absurd, but presently, it is legal. The law does not protect against all discrimination in the workplace. And thus, students begin to understand the importance of a protected class.
Protected Classes
The concept of federally protected classes in the workforce originated with Title VII of the Civil Rights Act of 1963. Title VII, in essence, prohibits discrimination against applicants and employees on the basis of membership in a protected class. The five original protected classes were: color, creed, national origin, race, and sex and Subsequent anti-discrimination laws have added: pregnancy, age (40+), and disability. People with disabilities were the last protected class to receive federal discrimination protection in 1990 – a full 30 years ago. States are free to add protected classes to Title VII for enforcement within the state, but a state cannot eliminate a federally protected class. Michigan has added workplace discrimination protection for marital status, all ages, and height/weight.
Seidman Business Review - Winter 2021 Articles
Grand Rapids Economic Forecast 2021
Pandemic Misery Index: Economic and Health Implications of COVID-19 in West Michigan
Grand Rapids Housing Market - 2020 in Review
West Michigan Stock Index Increased 10.5% in 2020
Grand Rapids Economy During the COVID-19 Recession
Sexual Orientation and Transgender Status Now Protected From Discrimination in the Workplace: The Bostick Decision
Schupan & Sons: A West-Michigan Story of Family Business Resilience