The simplistic logic of Justice Neil Gorsuch’s account of sex discrimination*

by Ryan Anderson

U.S. Supreme Court Justice Neil Gorsuch’s majority opinion in Bostock v Clayton County claims to apply a simple and straightforward test: “An employer violates Title VII when it intentionally fires an individual employee based in part on sex.” But he refuses to consider what applying this simple – in reality, simplistic – test actually requires – and not just under Title VII (the 1964 Civil Rights Act), but under every nondiscrimination law that includes “sex”…

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