On March 11, 2021, the Texas 5th Circuit Court of Appeals ruled in Tarrant County Community College v. Sims that Texas's state law prohibiting employment discrimination on the basis of sex also provides protections against discrimination for LGBTQ workers. The favorable ruling provides state-level protections for LGBTQ workers for the first time under Texas State law.
Representing our client the Human Rights Campaign (HRC) on briefs and in oral argument as amicus before the Texas 5th District Court of Appeals, a team of Winston & Strawn attorneys including Partners Natalie Arbaugh and Kyle Gann, and Associates Patrick Opdyke and Claire Dial, forcefully addressed the scope of protections against discrimination for LGBTQ workers under Texas State law.
The Texas appeals court's final opinion interprets the Texas Commission on Human Relations Act (TCHRA) consistent with the recent Supreme Court decision Bostock v. Clayton County that determined discrimination against employees on the basis of sexual orientation and gender identity is a form of sex discrimination prohibited by federal law.
"We are proud to have worked alongside the dedicated litigation team at The Human Rights Campaign throughout the duration of this appeals process and could not be more satisfied with the court's opinion," said Natalie. "The law is clear—the Bostock ruling must be applied in every state without explicit non-discrimination statutes, just as it was today in Texas."
Read the court's full opinion here.
Read more about the January filing of the amicus curiae here.
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