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Interpreting Bostock for Canadian Lawyers

In 2020, the Supreme Court of the United States issued a historic judgment recognizing protection for LGBTQ employees under Title VII of the United States Civil Rights Act of 1964. Almost six decades after the statute’s enactment, a six-to-three majority of the Court found that employment discrimination based on sexual orientation or gender identity is prohibited discrimination.

The decision in Bostock v Clayton County is a huge legal victory for the LGBTQ community and its advocates, and a meaningful step away from a status quo in which employers were free to openly and unapologetically discriminate against LGBTQ employees.

In this article, Teagan Markin examines the Court’s textualist interpretive analysis, played out between three sets of reasons, from a Canadian lawyer’s perspective.

Download the full article here
(PDF, 1.2 MB)

©2020 The Advocates’ Society. This article originally appeared in The Advocates’ Journal, Vol. 39, #3, Winter 2020 and is reproduced with permission of The Advocates’ Society.