Judge's gavel on table in office

How the Bostock Decision Will Impact Your Clients

In the coming years, there will be continuous changes in the employment law landscape and employers should be aware of these changes as they will have to change their workplace policies and practices. The U.S. Supreme Court decision in Bostock v. Clayton County, Georgia is a prime example of how quickly the employment practice legal climate can change.

According to NBC News, on June 15, 2020, the U.S. Supreme Court ruled in favor of Gerald Bostock, finding that workplace discrimination based on an individual’s sexual orientation or gender identity is prohibited by Title VII of the Civil Rights Act of 1964.

Title VII of the Civil Rights is a federal law that protects employees against discrimination based on race, color, national origin, religion, and gender/sex. It is unlawful for an employer to discriminate based on these characteristics within areas of recruiting, promoting, training, hiring, and/or providing benefits. With Title VII rights expanding it will now leave businesses with more exposure to claims.

How your clients can properly terminate an employee

Terminating an employee is not an easy task for human resources to face. Handling a termination in a fair manner is vital to reduce any risks of legal repercussions from the employee. Simply establishing a termination policy and being sure to document the process will be most helpful. The tips below will mention how to terminate an employee the right way:

  • Have an acceptable reason for termination (attendance issues, theft, insubordination, or lack of productivity)
  • Establish a Termination Policy
  • Develop Employee Review Procedures
  • Inform Your Employee(s)

In the current climate of the pandemic, there is an abundance of layoffs and furloughs and it is important for customers to be aware of the ever-changing employment practices when making a hard decision. If they are unable to avoid terminating an employee it is important for them to be fair and follow HR practices so legal repercussions are reduced or avoided.