U.S. Supreme Court,
Labor/Employment,
Civil Rights
Jul. 2, 2020
The Juxtaposition Turn: disparate treatment and disparate intent
In his majority opinion in Bostock v. Clayton County, Justice Gorsuch provided a helpful explanation of intent in employment discrimination cases.
In his majority opinion in Bostock v. Clayton County, Georgia, 2020 DJDAR 5681, holding that an employer that fires an individual for being homosexual or transgender violates Title VII, Justice Neil Gorsuch mentions that "in so-called 'disparate treatment' cases ... , this Court has ... held that the difference in treatment based on sex must be intentional," citi...
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