September 11, 2020

Bostock v. Clayton County, Georgia and Altitude Express, Inc. v. Zarda

In each of these consolidated cases, the employer fired the employee because of the employee’s sexual orientation. In each case, the employee sued, arguing that the action violated the prohibition against discrimination “because of sex” in Title VII of the Civil Rights Act of 1964. The lower federal courts have come to split decisions on the issue, the Equal Employment Opportunity Commission originally sided with the employees but the current government administration has sided with the employers. The Supreme Court will hear the case on October 8, 2019.

Note: This case is a companion with R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC which involves the same statute, but as applied to transgender individuals. The two cases can easily be studied together as their significance and implications are similar; however, there are nuanced and important differences in the parties’ arguments. 

Classroom Case Study

This classroom case study provides:

  • background on the legal issues in the case;
  • facts of the case;
  • key legal definitions;
  • argument summaries for the employees and the employers; and
  • focus questions for fostering classroom discussion

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The classroom case study was modified from PREVIEW of United States Supreme Court Cases. It can be used for teacher reference and provides a more detailed look at the case.

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