When rights collide: Examining conflicts between gender identity, sexual orientation, & religious discrimination protections

In 2020 the U.S. Supreme Court extended federal employment discrimination protections to individuals based on their gender identity or sexual orientation. While this decision represents a victory for LGBTQIA+ employees, it did not speak to whether religious freedom laws would provide a suitable defense for violating this law. After this decision, we are left with an HR puzzle. When employment discrimination protections collide, what set of rights, those based on our religious beliefs or those based on our gender identity or sexual orientation, win out? Existing laws and Court cases suggest that individuals and corporations may be able to avoid the non-discrimination requirement by claiming a religious objection to an employee’s gender identity or sexual orientation, but this issue is far from settled. Accordingly, this paper provides legal analysis of the conflict and presents advice regarding how to foster an inclusive workplace and ensure that the rights of all are safeguarded.