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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)

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to the “terms, conditions, or privileges of employment,” as
this Court rightly concluded. Meritor Savings Bank, FSB
v. Vinson, 477 U. S. 57, 64 (1986) (internal quotation marks
omitted).10
   By contrast, this case involves sexual orientation discrim-
ination, which has long and widely been understood as dis-
tinct from, and not a form of, sex discrimination. Until now,
federal law has always reflected that common usage and
recognized that distinction between sex discrimination and
sexual orientation discrimination. To fire one employee be-
cause she is a woman and another employee because he is
gay implicates two distinct societal concerns, reveals two
distinct biases, imposes two distinct harms, and falls within
two distinct statutory prohibitions.