Section 7

Citation: Section 7
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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that it covered discrimination on this basis.40 These were
also the positions of the EEOC.41 In enacting substantial
changes to Title VII, the 1991 Congress abrogated numer-
ous judicial decisions with which it disagreed. If it also dis-
agreed with the decisions regarding sexual orientation and
transgender discrimination, it could have easily overruled
those as well, but it did not do so.42
   After 1991, six other Courts of Appeals reached the issue
of sexual orientation discrimination, and until 2017, every
single Court of Appeals decision understood Title VII’s pro-
hibition of “discrimination because of sex” to mean discrim-
ination because of biological sex. See, e.g., Higgins v. New
Balance Athletic Shoe, Inc., 194 F. 3d 252, 259 (CA1
1999); Simonton v. Runyon, 232 F. 3d 33, 36 (CA2
2000); Bibby v. Philadelphia Coca Cola Bottling Co., 260 F.
3d 257, 261 (CA3 2001), cert. denied, 534 U. S. 1155
(2002); Wrightson v. Pizza Hut of Am., Inc., 99 F. 3d 138,
143 (CA4 1996); Hamm v. Weyauwega Milk Products,
Inc., 332 F. 3d 1058, 1062 (CA7 2003); Medina v. Income
Support Div., N. M., 413 F. 3d 1131, 1135 (CA10 2005); Ev-
ans v. Georgia Regional Hospital, 850 F. 3d 1248, 1255
(CA11), cert. denied, 583 U. S. ___ (2017). Similarly, the
other Circuit to formally address whether Title VII applies
to claims of discrimination based on transgender status had
also rejected the argument, creating unanimous consensus
prior to the Sixth Circuit’s decision below. See Etsitty v.
Utah Transit Authority, 502 F. 3d 1215, 1220–1221 (CA10
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  40 See Ulane, 742 F. 2d, at 1084–1085; Sommers v. Budget Mktg., Inc.,

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