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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

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“It shall be an unlawful employment practice for an employer—
   “(1) to fail or refuse to hire or to discharge any individual, or otherwise
to discriminate against any individual with respect to his compensation,
terms, conditions, or privileges of employment, because of such individ-
ual’s race, color, religion, sex, or national origin; or
   “(2) to limit, segregate, or classify his employees or applicants for em-
ployment in any way which would deprive or tend to deprive any indi-
vidual of employment opportunities or otherwise adversely affect his sta-
tus as an employee, because of such individual’s race, color, religion, sex,
or national origin.” 42 U. S. C. §2000e–2(a) (emphasis added).
   As the Court today recognizes, Title VII contains an important exemp-
tion for religious organizations. §2000e–1(a); see also §2000e–2(e). The
First Amendment also safeguards the employment decisions of religious
employers. See Hosanna-Tabor Evangelical Lutheran Church and
School v. EEOC, 565 U. S. 171, 188–195 (2012). So too, the Religious
Freedom Restoration Act of 1993 exempts employers from federal laws
that substantially burden the exercise of religion, subject to limited ex-
ceptions. §2000bb–1.
4               BOSTOCK v. CLAYTON COUNTY KAVANAUGH, J., dissenting