,,,Sexual Orientation and Gender Identity Discrimination Claims Under the Fair Housing Act After Bostock v. Clayton County
نویسندگان
چکیده
The Supreme Court recently ruled in Bostock v. Clayton County, Georgia that Title VII of the Civil Rights Act 1964 protects gay, lesbian and transgender employees from discrimination. majority held statute’s prohibition against discrimination employment “because . sex” necessarily applies to based on sexual orientation gender identity. This Article argues federal Fair Housing (FHA), which has identical language prohibiting housing sex,” should also now be interpreted prohibit is an obvious next step given similar language, structure, purpose both statutes, courts’ long tendency use cases guide their interpretation FHA. would a welcome development for equity, considering significant LGBTQ individuals experience dearth legal protections place them. This examines law with respect claims by individuals, parallel evolution FHA case law. In particular, it how reasoning behind While not always true analysis developed workplace context can translate seamlessly context, this case, does. There one area presents potential hurdle: problem mixed motives causation. two statutes differ treatment where defendant was motivated permissible prohibited purposes. If Bostock’s relies theory, difference might create difficulty courts who wish apply its conclusions however. Although much opinion taken up examining causal role sex plays identity discrimination, Court’s does implicate motives. Rather, holds inextricably linked Thus, motive issue never arises, differences between point are irrelevant.
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ژورنال
عنوان ژورنال: University of Kansas law review
سال: 2021
ISSN: ['1942-9258', '0083-4025']
DOI: https://doi.org/10.17161/1808.31570