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Patricia C. Collins, Antheil Maslow & MacMinn Patricia C. Collins, Antheil Maslow & MacMinn

The U.S. Supreme Court held in Bostock v. Clayton County, Georgia, 590 U.S. ___ (US 2020) that Title VII’s prohibition against discrimination on the basis of sex also bars discrimination on the basis of sexual orientation and gender identity. The court’s opinion relies on the text of the statute, rejecting arguments from employers regarding the failure to specifically include gender identity or sexual orientation in the statute. The Supreme Court’s decision in Bostock is historic—it expands the protections of Title VII to sexual orientation and gender identity, protections previously denied. The court’s ruling requires employers to update and modernize their policies and procedures, hiring practices, training and workplace culture.

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