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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 argues that two other decisions-- Phillips v. Martin Marietta Corp. , 400 U.S. 542, 91 S.Ct. 496, 27 L.Ed.2d 613 (1971) (per curiam ), and Los Angeles Dept. of Water and Power v. Manhart , 435 U.S. 702, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978) --buttress its decision, but those cases merely held that Title VII prohibits employer conduct that plainly constitutes discrimination *1775because of biological sex. In Philips , the employer treated women with young children less favorably than men with young children. In Manhart , the employer required women to make larger pension contributions than men. It is hard to see how these holdings assist the Court.