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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The logic of the Court’s decision could even affect profes-
sional sports. Under the Court’s holding that Title VII pro-
hibits employment discrimination because of transgender
status, an athlete who has the physique of a man but iden-
tifies 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 qual-
ification (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 (1977).
   Housing. The Court’s decision may lead to Title IX cases
against any college that resists assigning students of the
opposite biological sex as roommates. A provision of Title
IX, 20 U. S. C. §1686, allows schools to maintain “separate
living facilities for the different sexes,” but it may be argued
that a student’s “sex” is the gender with which the student
identifies.50 Similar claims may be brought under the Fair
Housing Act. See 42 U. S. C. §3604.
   Employment by religious organizations. Briefs filed by a
wide range of religious groups––Christian, Jewish, and
Muslim––express deep concern that the position now
adopted by the Court “will trigger open conflict with faith-

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