Texas Court Says LGBT Bias Barred By State Law

The Texas Commission on Human Rights Act (“TCHRA”) is the state counterpart of Title VII of the Civil Rights Act of 1964 (“Title VII”). Both the TCHRA and Title VII prohibit discrimination in employment “because of … sex.”

Last year, in Bostock v. Clayton County, Georgia, the U.S. Supreme Court held Title VII’s prohibition on discrimination “because of sex” prohibits an employer from failing or refusing to hire or from firing an individual for being homosexual or being a transgendered person. On March 10, 2021, in Tarrant County College District v. Sims, Texas’ Fifth Court of Appeals similarly held the TCHRA’s prohibition “because of sex” includes discrimination because of sexual orientation or sexual identity.


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