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On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, as amended, covered employers may not discriminate against applicants or employees on the basis of sexual orientation or gender identity. In part one of this series, we discussed the holding’s implications for sex-segregated facilities in the employment context. This article discusses the holding’s implications for dress codes and grooming standards.

On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, covered employers may not discriminate against applicants or employees on the basis of sexual orientation or gender identity.

The recent Bostock v. Clayton County, Georgia decision, in which the Supreme Court of the United States ruled that an employer that fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964, has received a tremendous amount of attention. The Court’s decision has broad implications for employers and their employment counsel. Justice Neil Gorsuch’s majority opinion devotes much space to a discussion of the “but-for” causation standard.