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1 1 (June 17, 2020)

handle is hein.crs/govdjyz0001 and id is 1 raw text is: Supreme Court Rules Title VII Bars Discrimination Against Gay and Transgender Employees: Potential Implications June 17, 2020 On June 15, 2020, the Supreme Court issued a decision in a series of cases brought by gay and transgender workers alleging that their employers violated Title VII of the Civil Rights Act of 1964 (Title VII) by discriminating against them because of... sex. The Court held 6-3 in Bostock v. Clayton County, Georgia that Title VII forbids employers from firing an individual for being gay or transgender. The Court's decision in Bostock was consolidated with two other cases, Altitude Express, Inc. v. Zarda and R. G. & G.R. Harris Funeral Homes, Inc. v. EEOC. (An earlier Sidebar addresses lower court decisions in these cases and provides further background on Title VII.) This Sidebar explains the Court's holding in Bostock and highlights some potential implications of the decision for other areas of the law, including the bona fide occupational qualification (BFOQ) exception in Title VII; constitutional exceptions and religious-based exemptions to Title VII; various aspects of Title IX of the Education Amendments of 1972 (Title IX); and statutes that incorporate Title IX's requirements, such as the Affordable Care Act. Background on Title VII Title VII prohibits employment discrimination on several different bases, including by barring covered employees from discriminating against any individuals because of... sex. The statute does not explicitly address whether that prohibition applies to sexual orientation or gender identity. In Price- lWaterhouse v. Jfopkins, a four-Justice plurality recognized that discriminating against individuals based on a failure to conform to stereotypes about how men or women should behave is unlawful discrimination under Title VII. Whether Title VII prohibits discrimination based on sexual orientation or gender identity has split lower federal courts. Supreme Court's Decision Bostock represents the Court's decision for three consolidated cases. Originally, the Court granted certiorari in the consolidated cases of Bostock and Altitude Express on whether discrimination based on Congressional Research Service https://crsreports.congress.gov LSB10496 CRS Lega Sidebw Prepaed for Membeivs and cornmnittees o4 C- --q.. . .. . .. . .. .. . .. . ...------------------------------------------------------------------------------------------------------------------------------------------------- -------------

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