The collaboration between Barrett & Farahany and Stanton Law continues! Amanda Farahany, managing partner at Barrett & Farahany, and Christine Green of Stanton Law have co-authored “In Bostock’s Wake, Look for More Diversity Training, Sex Bias Cases and LGBT Workers Living Openly.” The article was published on September 3rd in the Fulton County Daily Report (subscription required for access).
The article notes that the landmark SCOTUS ruling in Bostock v. Clayton County, which brings sexual orientation and gender identity into the Title VII protective fold, is consistent with previous SCOTUS rulings that Title VII protections apply to gender stereotyping and also apply to sexual harassment that may not be motivated by sexual desire. Employers are encouraged to get on board, not only with updating policies and handbooks but with proactively stopping discrimination in the workplace and setting new standards for workplace behavior.
The article points out that Bostock should also make it easier for employees to bring their case – now employees need only show that sex was at least one reason for the employer’s adverse action, not the only reason. This should result in fewer cases being dismissed at summary judgment as they have been under the heavier “only reason” burden previously imposed on employees.
One of the most important takeaways is that the Bostock ruling is an interpretation of existing law and protections, so those who may not have been able to bring a case prior to Bostock may now be able to do so in light of the new ruling.