This class is eligible for CLE Passport use. You will be able to select the CLE Passport as your payment method for no additional cost when registering for this course.

Credits: 2.0 general credit hours*

*This class qualifies for 2.0 California Recognition & Elimination of Bias credits.

*This class qualifies 2.4 New Jersey Diversity/Inclusion/Elimination of Bias credits.

**This class MAY qualify for diversity, inclusion, and elimination of bias credit in jurisdictions that have such requirements.

Description: This popular class will provide those who attend with an overview of the meaning of “sex” in Title VII from its initial enactment through Supreme Court decisions holding discrimination based on pregnancy is not sex discrimination, but discrimination against women with children is sex discrimination. The discussion culminates with the Supreme Court’s decision on June 15, 2020, in Bostock v. Clayton County, Ga., Altitude Express, Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes v. EEOC, that discrimination based on sexual orientation or gender identity constitutes prohibited sex discrimination. Our faculty expert will discuss the building blocks of the arguments for and against including sexual orientation and gender identity within the scope of the prohibition on sex discrimination and explain the Court’s rationale for the result it reached.

Our presenter will also discuss developments in the lower courts applying the lessons of Bostock to discrimination cases as well as the lower courts’ efforts to grapple with issues Bostock left open, such as religious objections to the implementation of the Court’s broad reading of the scope of Title VII. This will include analysis of the impact of this decision on the meaning of sex in other federal statues, such as Title IX, and provide an update on comparable state and local provisions with particular attention to those in the District of Columbia, Maryland, and Virginia.

Faculty: 

Carolyn L. Wheeler, Katz Banks Kumin LLP