LGBTQIA-Diversity in the Workplace in a Post-'Bostock' World [The Legal Intelligencer]

Trevor Cloak wrote an article on discrimination on the basis of sexual orientation or gender alone being unlawful. In its landmark June 15 decision in Bostock v. Clayton County, Georgia, Case No. 17-1618, 590 U.S. _____ (2020), the U.S. Supreme Court, in a 6-3 decision, held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. In so doing, the court sent a clear message to all:  discrimination on the basis of sexual orientation or gender alone is unlawful. But more than this, the court reinforced the scope of Title VII, suggesting that in light of the law’s original, extensive “because of” language, which implicates a but-for causal relationship, an employer cannot avoid liability under this law simply by alleging that some additional factor, in addition to a protected factor, formed the basis of the employer’s decision to fire an employee. 

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J. Trevor Cloak

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