Recently, Law 360 interviewed labor and employment attorney Emily Massey regarding the ongoing legal battle over the Supreme Court's landmark decision in the Bostock v. Clayton County case.
This decision outlawed employment discrimination based on sexual orientation or transgender status.
Anne Cullen's article previewed last week's hearing before the conservative Sixth Circuit Court. The three-judge panel heard arguments over an injunction that prevented the EEOC and the US Department of Education from taking action against 20 states based on interpreting the Bostock Decision. The decision extended protections to LGBTQIA+ workers under Title VII, and the federal government believes those protections also carry over to Title IX and apply to academic environments.
Despite the historical significance of the Bostock ruling, Emily commented on the numerous questions that remain surrounding its interpretation. She was quoted in the article saying, "Obviously, everyone is keeping a close eye on this because it will have a huge impact." And added, "Bostock had a really clear holding, but it created a lot of gray."
You will need a Law360 subscription to read the article behind the paywall here. However, you can catch up with the facts in the Bostock case with this analysis from Emily.