“Gay rights ruling pushes workplace dynamic already in motion”, 15 June 2020

Even before the ruling on Monday, employers were moving toward non-discrimination on the basis of sexual orientation and gender identity, prompted by state laws, significant [Equal Employment Opportunity Commission] rulings, and federal appellate decisions. Title VII of the [1964] Civil Rights Act...., [and] its determinations..., [made] the outcome in many jurisdictions...far from clear. As a result, many employers decided that it was worth aggressively litigating…or trying to settle on favourable terms.

Ahead of the Supreme Court ruling, some 200 companies, including Google, Facebook, Hilton, Nike and the Walt Disney Company, signed a brief in support of the plaintiffs — making it one of the largest instances of employer support for employee plaintiffs in Supreme Court litigation. [M]any gay-rights proponents [have] predicted that large employers could [also] wind up as defendants in other cases. Sally Abrahamso [(law firm, Outten & Golden)]…, said [that]….such practices were often as prevalent at large employers as at smaller ones, and that her firm had heard from workers in recent years who had been fired from chains in [numerous] states...

[H]aving legal protection nationwide does not [guarantee] gay and transgender workers [will]...prevail, [with]…plaintiffs, [over all], still los[ing] most discrimination cases in federal court, though many…settle before trial. [However], “[now]...it’s a guarantee that if a person ends up going to court, their ability to bring a claim is not in doubt…, there’s no longer a barrier in front of the courtroom door”.