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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bostock v. Clayton County, 590 U.S. 644 (2020)

Citation
Bostock v. Clayton County, 590 U.S. 644 (2020)
Parent Document
Bostock v. Clayton County, 590 U.S. 644 (2020)
Effective Date
2020-06-15

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The Court insists that its label is the right one, and that presumably is why it makes such a point of arguing that an employer cannot escape liability under Title VII by giving sex discrimination some other name. See ante , at 1743 - 1744, 1745 - 1746. That is certainly true, but so is the opposite. Something that is not sex discrimination cannot be converted into sex discrimination by slapping on that label. So the Court cannot prove its point simply by labeling the employer's objection as "attract[ion] to men." Ante , at 1741 - 1742. Rather, the Court needs to show that its label is the correct one.