Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 7

Citation
Section 7
Parent Document
Bostock v. Clayton County, 590 U.S. 644 (2020)
Effective Date
2020-06-15

Other Sections in This Document (1015)

Full Text

971 chars
the ministerial exception? Provisions of Title VII provide
exemptions for certain religious organizations and schools
“with respect to the employment of individuals of a partic-
ular religion to perform work connected with the carrying
on” of the “activities” of the organization or school, 42
U. S. C. §2000e–1(a); see also §2000e–2(e)(2), but the scope
of these provisions is disputed, and as interpreted by some
lower courts, they provide only narrow protection.55
   Healthcare. Healthcare benefits may emerge as an in-
tense battleground under the Court’s holding. Transgender
employees have brought suit under Title VII to challenge
employer-provided health insurance plans that do not cover
costly sex reassignment surgery.56 Similar claims have
been brought under the Affordable Care Act (ACA), which
broadly prohibits sex discrimination in the provision of
healthcare.57
——————
  55 See, e.g., EEOC v. Kamehameha Schools/Bishop Estate, 990 F. 2d