We want to highlight two significant and startlingly positive Supreme Court decisions that came out this week with important implications for many faculty and students—and for higher education in general. In both cases the AAUP joined an amicus brief for the prevailing side.
In Bostock v. Clayton County, Georgia, et al., the Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects gay and transgender workers due to its prohibition of discrimination based on sex. The ruling allows employees discriminated against based on their sexual orientation or transgender status to sue. While questions remain about the rights of religious employers and practical details such as bathrooms and locker rooms, the court emphatically states that “employers are prohibited from firing employees on the basis of homosexuality or transgender status.” Read a summary of the decision and amicus brief.
In Department of Homeland Security et al. v. Regents of the University of California et al., the Supreme Court blocked the current administration’s attempts to end Deferred Action for Childhood Arrivals (DACA). The DACA program allows undocumented immigrants brought to the United States as children to remain in the country legally and expands access to higher education by providing eligibility for in-state tuition and state-funded grants and loans to participants. However, the ruling leaves open the possibility that this administration may try again to eliminate DACA. As the court states, “The dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so.” Read a summary of the decision and amicus brief.
The AAUP applauds these rulings and believes they provide critical support for members of the AAUP community and the students it serves. We emphatically support protections against discrimination, and our legal work reflects our commitment to promoting diversity, tolerance, and openness on university campuses.