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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
Original Source
https://www.courtlistener.com/opinion/4760997/bostock-v-clayton-county/ ↗

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The logic of the Court's decision could even affect professional sports. Under the Court's holding that Title VII prohibits employment discrimination because of transgender status, an athlete who has the physique of a man but identifies as a woman could claim the right to play on a women's professional sports team. The owners of the team might try to claim that biological sex is a bona fide occupational qualification (BFOQ) under 42 U.S.C. § 2000e-2(e), but the BFOQ exception has been read very narrowly. See Dothard v. Rawlinson , 433 U.S. 321, 334, 97 S.Ct. 2720, 53 L.Ed.2d 786 (1977).