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)
Jurisdiction: United States (federal)
Effective Date: 2020-06-15
Original Source: https://www.courtlistener.com/opinion/4760997/bostock-v-clayton-county/ ↗

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The main issue in Price Waterhouse --the proper allocation of the burdens of proof in a so-called mixed motives Title VII case-is not relevant here, but the plurality opinion, endorsed by four Justices, commented on the issue of sex stereotypes. The plurality observed that "sex stereotypes do not inevitably prove that gender played a part in a particular employment decision" but "can certainly be evidence that gender played a part." Id. , at 251, 109 S.Ct. 1775.17 And the plurality made it clear that "[t]he plaintiff must show that the employer actually relied on her gender in making its decision." Ibid.

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