In 2020, when the Supreme Court declared that transgender workers were covered by federal anti-discrimination law, the opinion authored by Justice Neil Gorsuch marked a legal breakthrough.
The case extended Title VII of the 1964 Civil Rights Act to gay and lesbian workers as well transgender employees. Gorsuch, who uses a textualist method, wrote that the law barring discrimination “because of … sex” covered a transgender woman who was fired from her position at a Michigan funeral home.
The Bostock v. Clayton County decision was a surprise at many levels, including that it was written by
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