June 22, 2020 / 12:00 PM / 13 days ago

SCOTUS chose 'common-sense' path over other theories in applying Title VII to LGBT workers

In its recent landmark decision holding that the federal law banning workplace sex bias applies to LGBT workers, the U.S. Supreme Court ruled in the broadest way possible, casting aside alternative legal theories embraced by other courts and likely making it easier for plaintiffs to pursue discrimination claims, lawyers said.

Writing for the 6-3 majority in Bostock v. Clayton County, Justice Neil Gorsuch said the conclusion that discrimination based on sexual orientation and gender identity is “based on sex,” and thus violates Title VII of the Civil Rights Act of 1964, “involve(s) no more than the straightforward application of legal terms with plain and settled meanings.”

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/3ep9MGT

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