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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

Other Sections in This Document (1015)

Full Text

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Plaintiffs who allege that they were treated unfavorably because of their sexual orientation or gender identity are not in the same position as the plaintiff in Price Waterhouse . In cases involving discrimination based on sexual orientation or gender identity, the grounds for the employer's decision-that individuals should be sexually attracted only to persons of the opposite biological sex or should identify with their biological sex-apply equally to men and women. "[H]eterosexuality is not a female stereotype; it not a male stereotype; it is not a sexspecific stereotype at all." Hively , 853 F.3d at 370 (Sykes, J., dissenting).