Bostock v. Clayton County, Georgia

590 U.S. ___ (2020)

A 2020 opinion of the United States Supreme Court in which the Court ruled that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964.  In its opinion authored by Justice Gorsuch, the Court determined that discrimination against gay and transgender individuals constitutes discrimination based on “sex,” which is prohibited under Title VII.

In his dissent, Justice Alito argued that, since the list of prohibited conduct under Title VII does not include discrimination based on “sexual orientation” or “gender identity,” the conduct before the Court did not fall under that statute and the majority’s opinion constituted improper legislation by the judicial branch.

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