Harris Funeral Homes v. EEOC and Aimee Stephens / Bostock v. Clayton County / Altitude Express v. Zarda (2020)

Harris Funeral Homes v. EEOC and Aimee Stephens and the consolidated cases of Bostock v. Clayton County, Georgia and Altitude Express, Inc. v. Zarda were SCOTUS in the Classroom cases. Though argued separately, they were decided together on June 15, 2020.

Each term Street Law selects the most classroom-relevant, student-friendly cases as our SCOTUS in the Classroom cases. Teachers are encouraged to conduct moot courts the same week the case is argued, giving students the opportunity to follow discussion and analysis in the news and listen to or read a transcript of the actual oral arguments.

Case Issues: 

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?

Does discrimination against an employee because of their sexual orientation amount to discrimination “because of…sex” under Title VII of the Civil Rights Act of 1964?

Case Briefs:

Harris Funeral Homes v. EEOC and Aimee Stephens

• Brief of Petitioner: R.G. & G.R. Harris Funeral Homes, Inc.
• Brief of Respondent: Aimee Stephens

Bostock v. Clayton County, Georgia, and Altitude Express, Inc. v. Zarda

• Brief of Petitioner:
  • Bostock
  • Altitude Express, Inc.
• Brief of Respondent:
  • Clayton County, Georgia
  • Zarda

Oral Arguments:

• Harris Funeral Homes: Audio recording and transcript of the oral argument from the Supreme Court
• Bostock: Audio recording and transcript of the oral argument from the Supreme Court

Decision:

• Link to the opinion of the Court

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:

• Classroom Guide to Moot Courts
• Mini-Moot Courts Resource Bundle and Video