Protecting People, Preserving Values: Bostock Five Years Later
Five years after the Supreme Court’s Bostock decision, you still have a critical role to play in protecting LGBTQ+ employees. This blog breaks down what the ruling covers, what it doesn’t, and how you can lead with clarity and consistency in a time of legal and political uncertainty.
“You have the ability to create and expand spaces where we belong, both at work and in our communities.”
—Aimee Stephens, champion of LGBTQ+ employment rights
Five years ago, the Supreme Court handed down a decision that reshaped the American workplace: Bostock v. Clayton County. It wasn’t just a legal milestone. It was a cultural inflection point. For the first time, the highest court in the land affirmed that LGBTQ+ employees are protected from discrimination under Title VII of the Civil Rights Act.
At IGC, we work with organizational leaders every day who are navigating shifting regulatory landscapes, cultural polarization, and increasingly urgent expectations from employees and consumers alike. The Bostock decision still matters, but it is no longer enough. Here's why.
The Case That Changed the Workplace
In Bostock, the Court ruled that firing someone simply for being gay or transgender is a form of sex discrimination. That principle now governs hiring and firing decisions for employers with 15 or more employees across the country.
But the Court stopped short of providing clarity on key workplace realities. What about harassment, benefits, dress codes, or restroom access? The ruling also did not explicitly address protections for nonbinary or bisexual employees, or how religious exemptions apply.
In short, Bostock opened the door but it didn’t solve big issues for employers.
Rapidly Changing Environment
From 2021 to 2024, federal agencies worked to bring the Bostock ruling to life. The EEOC issued guidance. Federal contractors gained explicit protections. Agencies began interpreting Title VII to apply across policies and programs.
That progress is now unraveling.
Since 2025, new executive orders have reversed many of these gains:
LGBTQ+ protections for federal contractors were rescinded
The federal government was directed to recognize only male and female sex
The EEOC deprioritized enforcement of sexual orientation and gender identity claims
Transgender individuals were barred again from military service
Meanwhile, new executive actions have sought to redefine DEI efforts themselves as discriminatory, a message with chilling effects in workplaces nationwide.
What This Means for Your Business
The law may be in flux. Your values should not be.
Title VII remains the law. Firing or discriminating against someone because they are gay or transgender is still illegal.
State and local laws matter. Many jurisdictions have their own, often more expansive, nondiscrimination laws.
Employee trust is fragile. In an environment of legal ambiguity and culture war politics, your workforce is looking to you for clarity and consistency.
Now is the time for action, not just compliance.
Actions Employers Should Consider
Forward-thinking companies aren’t waiting for Congress or the courts. They are leading by example. Here’s how:
Audit and Update Internal Policies
Ensure your anti-discrimination and anti-harassment policies explicitly name sexual orientation, gender identity, and gender expression. Don’t assume Bostock alone does the work.Train Your Managers
Legal changes mean little if mid-level managers are not equipped. Include inclusion for ALL in your trainings.Communicate Your Commitment Internally
Use ERGs, newsletters, and executive messages to reassure employees that your organization values inclusion and acts accordingly.Stay Consistent Across State Lines
Fragmented state laws should not mean fragmented policies. Apply your policies equitably regardless of geography.
What’s Next?
The Equality Act, which would codify protections in employment, housing, and public accommodations, remains stalled. Until that moves, every organizational leader has the opportunity to act in ways that the law may not yet require but that employees want.
The Bottom Line
Inclusive leadership is not a legal issue. It is a business one. And it starts at the top.
Further Reading: Signal Through the Noise: Bostock at Five from Out & Equal