USA Law and Practice Contributed by: Michael G. Congiu and Gillian Gilbert, Littler
sarily involves treating individuals differently because of their sex. • For example, if a man is fired for being attracted to men, but a woman is not, the employer is discriminating based on sex. • The Court emphasised that Title VII’s protec - tions apply to individuals, not groups, and that “but-for” causation is sufficient to estab - lish liability. Concurring Justices Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan joined the major - ity. Dissenting opinions • Justice Alito (joined by Justice Thomas) argued that the Court was legislating from the bench by expanding Title VII beyond its original meaning and intent. • Justice Kavanaugh agreed that the policy outcome was desirable but maintained that the change should come from Congress, not the judiciary. Significance This landmark decision extended federal employment protections to LGBTQ+ individuals, marking a major civil rights victory. It clarified that Title VII’s ban on sex discrimination encom - passes discrimination based on sexual orienta - tion and gender identity. 4.3 Grievance Mechanisms USNCP The USNCP operates a grievance mechanism known as the “Specific Instance” process, established under the framework of the OECD Guidelines for Multinational Enterprises. This mechanism allows individuals or organisations to raise concerns regarding the conduct of
enterprises that may be inconsistent with the OECD Guidelines. To initiate a Specific Instance, the submitter must provide sufficient and detailed information. The following criteria must be met for a submis - sion to be considered admissible: • The submitter must have a specific interest in the matter, be in a position to provide relevant information, and have a clear objective for the outcome they seek. • The complaint must clearly identify the chap - ters or paragraphs of the OECD Guidelines that are alleged to have been breached. If the USNCP determines that the submission is material, substantiated, and meets the OECD’s admissibility criteria, it will contact the parties involved and offer mediation to facilitate reso - lution. For cases that proceed to mediation, all parties are required to sign the CBI Mediation Agreement, which includes confidentiality provi - sions and functions as a Non-Disclosure Agree - ment (NDA). While the USNCP encourages the publication of mediation agreements, the decision to disclose specific terms rests with the parties involved. Upon conclusion of the process, the USNCP drafts a Final Statement, which is made public following review and comment by the parties. Where possible, and with mutual agreement, the terms of any resolution reached through media - tion are also disclosed to promote transparency and accountability. Between 2017 and 2025, the USNCP published 14 Final Statements resulting from Specific Instance submissions.
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