Week 8 Assignment Case Brief

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Jan 9, 2024

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Running head: Case Brief Case Brief Shenna Clark Constitutional and Administrative Law November 27, 2022

Running head: Case Brief 2 Bostock v. Clayton County, No. 17-1618 United States Court of Appeals for the Eleventh Circuit 2019 Parties Gerald Lynn Bostock, Petitioner Clayton County, Georgia, Respondent Prior Proceedings Bostock sued Clayton County, Georgia for discrimination based on sexual orientation, in violation of Title VII of the Civil Rights Act of 1964. The court dismissed the case for failure to state a claim. Bostock appealed and the US Court of Appeals for the Eleventh Circuit affirmed the lower court. Facts Bostock worked for Clayton County in Georgia. Bostock’s participation in a gay softball team became public knowledge at work. Criticism about his participation in the league and his sexual orientation was discussed at work, even once in the presence of his supervisor. During his ten years with the job, he received positive work performance reviews. After his sexual orientation was made public knowledge at work, Bostock was informed by Clayton County that they were doing an internal audit of the program funds he managed. After the internal audit, Clayton County allegedly terminated Bostock for conduct unbecoming of its employees. Issue Does an employer who fires an individual for being gay or transgender violate Title VII of the Civil Rights Act of 1964? Does Title VII of the Civil Rights Act of 1964 include discrimination based on an individual’s sexual orientation?

Running head: Case Brief 3 Rule Yes, an employer who fires an individual for being gay or transgender does violate Title VII of the Civil Rights Act of 1964. Sexual orientation is covered under this act. Analysis/Reasoning Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against any individual “because of such individual’s race, color, religion, sex, or national origin, does cover and include discrimination based on homosexual or transgender status. The point of Title VII of the Civil Right Act of 1964 is to ban discrimination and if an employer intentionally fires gay or transgender employees differently on that basis alone, then they have violated this act. Conclusion (holding/disposition) The court considered all manifestations of discrimination based on sex. The court looked at the language of the act and not its history. The statute unmistakably prohibits the prejudiced practice. Dissent Justice Brett Kavanaugh wrote a dissenting opinion stating that Title VII does not prohibit discrimination based on sexual orientation. Justice Samuel Alito and Justice Clarence Thomas also authored dissenting opinions criticizing the majority. Both agreed and accused the majority of revising Title VII to reflect the current values of society.

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Running head: Case Brief 4 References BOSTOCK v. CLAYTON COUNTY. (n.d.). Retrieved from Cornell: https://www.law.cornell.edu/supremecourt/text/17-1618 Bostock v. Clayton County. (2022, November 26). Retrieved from Oyez: https://www.oyez.org/cases/2019/17-1618 Davidson, J. W. (2022, June 15). How the Impact of Bostock v. Clayton County on LGBTQ Rights Continues to Expand. Retrieved from ACLU: https://www.aclu.org/news/civil- liberties/how-the-impact-of-bostock-v-clayton-county-on-lgbtq-rights-continues-to- expand

Week 8 Assignment Case Brief

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