The decision in Bostock v. Clayton County Georgia, 590 U.S. 644 (2020) was rendered in 2020. In that decision, the U.S. Supreme Court resolved a long-standing issue: does Title VII apply to homosexual based claims? Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex. Does “sex” include same sex?
The U.S. Supreme Court has held that title VII of the Civil Rights Act of 1964 does include discrimination against gay persons. I have discussed this issue a few times, that the decision in Oncale v. SundownerOffshore Services, Inc., 523 US 75, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), was a very parsed
The courts have struggled with the wording in Title VII for a couple of decades. Title VII clearly prohibits discrimination based on sex. Does that mean Title VII prohibits discrimination based on sex orientation? If an employer terminate someone because he is gay, how is that not discrimination based on sex?
The challenge is that