LGBTQ+ Workers Gain Protections Against Discrimination For First Time Ever Under Texas State Law

In March 2021, the Texas Fifth District Court of Appeals ruled that a Texas state law prohibiting employment discrimination on the basis of sex also provides protections for LGBTQ+ workers.

A Winston & Strawn team represented the Human Rights Campaign (HRC) on briefs and in oral argument as amicus before the Texas Fifth District Court of Appeals and addressed the scope of protections against discrimination for LGBTQ+ workers under Texas state law.

The Texas appeals court’s ruling was consistent with the recent U.S. Supreme Court decision Bostock v. Clayton County, which determined that 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 Arbaugh, Winston partner. “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.