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Eighth Circuit Allows LGBTQ Discrimination Claim to Move Forward Following Supreme Court’s Ruling


In what will perhaps be the tipping point of what is yet to come, on July 6th, the Eighth Circuit Court of Appeals issued a ruling and held that an LGBTQ discrimination lawsuit may move forward, following the U.S. Supreme Court’s ruling in Bostock v. Clayton County, Georgia.

Readers will likely recall that a few weeks ago, the U.S. Supreme Court’s ruling in Bostock held that LGBTQ workers are protected from discrimination under Title VII of the Civil Rights Act of 1964.  In the Eighth Circuit case, Horton v. Midwest Geriatric Management, LLC, an applicant filed suit against a company after the company allegedly withdrew a job offer after learning the applicant was gay.  The Eighth Circuit issued a decision and held that based upon the ruling from Bostock, the applicant’s discrimination claim could proceed ahead.  (The Eighth Circuit had stayed the case until Bostock was decided.)

I would expect to see similar rulings in the coming months as courts across the country allow similar cases to proceed ahead.  As always, just because the Eighth Circuit is allowing the Horton case to proceed ahead, that does not necessarily mean here is a viable discrimination claim here.  That matter will be left to a jury to decide.  Nevertheless, now that Bostock has not foreclosed upon LGBTQ discrimination claims under Title VII, these cases will live to see another day.


For a copy of the Eighth Circuit’s decision:  https://ecf.ca8.uscourts.gov/opndir/20/07/181104P.pdf

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