fbpx
End the duopoly

Equality in Credit Decisions – Does “Sex” include Sexual Orientation and Gender Identity?

In June of this year, the United States Supreme Court held that an employer who fires an employee for being gay or transgender violates the Civil Rights Act of 1964 (“Title VII”).

Title VII prohibits employers from refusing to hire, firing, or otherwise discriminating against any individual because of the individual’s race, color, religion, sex , or national origin.

Related Posts
1 of 437

Though the list of protected classes covered by Title VII does not expressly include sexual orientation or gender identity, in Bostock v. Clayton County, Georgia , the Court found that firing an employee for being gay or transgender constituted discrimination based upon the person’s sex.

Though the Court acknowledged that gay and transgender status are distinct concepts from sex, the Court went on to state that “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”

While the Court’s holding in Bostock certainly has implications for creditors in the employment context, the Court’s rationale could also affect creditors’ underwriting processes and credit decisions under the Equal Credit Opportunity Act (“ECOA”).

In Bostock , Bostock’s employer admitted to firing him for “conduct ‘unbecoming’ a county employee” because Bostock began participating in a gay […]

read more here —> www.jdsupra.com

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. AcceptRead More