The decision in Bostock v. Clayton County Georgia, 590 U.S. 644 (2020) was rendered in 2020. In that decision, the U.S. Supreme Court resolved a long-standing issue: does Title VII apply to homosexual based claims? Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex. Does “sex” include same sex? Yes, said the court in Bostock. I previously talked about that decision in Bostock here.

Texas Workforce Commission, Civil Rights Division rightly noted that that decision added “gender identity” to its list of claims which are protected under the state version of Title VII. TWC added “gender identity” to its online list of protected claims. Texas state law has always followed Federal law regarding discrimination. Since, the Texas version of Title VII is based on ….. Title VII.

But, Republican state Rep. Brian Harrison does not know this area of law. Heck, he is not even a lawyer. Rep. Harrison complained that TWC had adopted some new policy. Swiftly, Harrison’s complaint reached Gov. Abbott, who is a lawyer. Within days, the lawful listing of “gender identity” was removed. Harrison claimed a “victory” for Texans. Doubtless, TWC will still accept claims based on same sex discrimination. But, the “same sex” category has been removed from its website. Uninformed persons may believe they will not be protected and, therefore, not file a complaint with TWC.

Harrison may have won. But, his uninformed, uneducated complaint was a defeat for LGBT persons. The one Texas court of appeals to address the issue agreed that the decision in Bostock did indeed provid valid guidance for Texas courts. See Tarrant County College District v Sims, 621 S.W.3d 323 (Tex.App. Dallas 2021). TWC tried to follow the law. But, Rep. Harrison, with his economics degree, disagreed. See San Antonio Express-News report for more information.