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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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What today's decision latches onto are Oncale 's comments about whether " 'male-on-male sexual harassment' " was on Congress's mind when it enacted Title VII. Ante , at 1751 (quoting 523 U.S. at 79, 118 S.Ct. 998 ). The Court in Oncale observed that this specific type of behavior "was assuredly not the principal evil Congress was concerned with when it enacted Title VII," but it found that immaterial because "statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed." 523 U.S. at 79, 118 S.Ct. 998 (emphasis added).