The consolidated cases of Bostock v. Clayton County, Georgia, and Altitude Express, Inc. v. Zarda were our fall 2019 SCOTUS in the Classroom cases.
Each SCOTUS Term, Street Law selects the most classroom-relevant, student-friendly cases as our SCOTUS in the Classroom cases. Teachers are encouraged to hold moot courts or mini-moot courts of the case the same weeks that the Supreme Court hears arguments, giving students the opportunity to follow discussion and analysis in the news and listen to or read a transcript of the actual oral arguments at the Court.
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Does the term “sex” in Title VII of the Civil Rights Act of 1964 (which makes it unlawful for an employer to fire or refuse to hire an individual or to base their wages or benefits on the basis of their “race, color, religion, sex, or national origin”) include transgender status?
- Brief of Petitioner:
- Brief of Respondent:
- Link to the opinion of the Court (Note: The decision was consolidated with Harris Funeral Homes v. EEOC and Aimee Stephens.)
News Articles and Resources:
- SCOTUSblog: Series of symposium articles from many viewpoints
- Webinar: Review of the Title VII/LGBTQ+ Employment Discrimination Cases with Elizabeth Prelogar
- SCOTUSblog podcast: Tom Goldstein and Kevin Russell join Amy Howe to discuss new cases involving whether federal employment discrimination laws protect LGBT employees: "Because of sex"
- Washington Post opinion article authored by the respondent, Aimee Stephens: "I was fired for being transgender. The Supreme Court should make sure it doesn’t happen again."
- National Review opinion article: "Making the Term ‘Sex’ Subjective Threatens American Businesses"
How to Conduct a Moot Court or a Mini-Moot Court:
- All Street Law Case Summaries include case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, and decision. They have been reviewed by both legal experts and educators and are ready for classroom use.
- Because this case includes issues related to race and social identity, Street Law recommends: Teaching Street Law Content Involving Race and Social Identity. This resource can help teachers bring content about race and social identity into their classrooms. It offers some advice and questions to help guide decisions about teaching this content while affirming students’ identities.
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