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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.

Tristin Green

Professor
University of San Francisco Law School

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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