Eight months later, though, a six-justice majority of the court held that federal employment protections indeed protect trans people in the workplace. The basic logic of Justice Neil Gorsuch's majority opinion in Bostock, which Chief Justice John Roberts and the four liberals joined, is that if an employer treats a transgender man differently than it would treat a man assigned male at birth, the workplace is treating that trans man differently "because of sex."
"The Guidance states that it does not attempt to impose new legal obligations on employers with respect to any aspect of workplace harassment law, including gender identity discrimination..."
