Claudia Desjardins Bélisle speaks at the National Conference on Equal Employment Opportunity Law Midwinter Meeting of the Labor and Employment Law Section of the American Bar Association.
Reflections on Bostock: LGBTQ Rights in the Workplace and Other Implications of the Bostock Decision
Panelists will analyze the Supreme Court’s decision in Bostock v. Clayton County, Georgia and explain which of the plaintiffs’ arguments were most relevant to the Court’s textual approach and its discussion of but-for causation. The panel will explore how the Court’s reasoning has resonated in subsequent cases as they discuss legal developments in LGBTQ harassment and discrimination cases post-Bostock and whether the but-for standard has impacted the evaluation of pretext arguments, as well as whether it has affected claims of race, age, or disability discrimination. The panel will also address issues the Court did not decide as they review cases raising religious defenses or employer prerogatives to establish sex-based dress codes and bathroom and locker room policies. The panel will include an international perspective on how these issues have been handled over the last two decades in certain other international jurisdictions.
David S. Fortney, Fortney & Scott, LLC, Washington, DC
- Hon. Jocelyn Samuels, Vice Chair, U.S. Equal Employment Opportunity Commission, Washington, DC
- Claudia Desjardins Bélisle, Miller Thomson LLP, Montréal, QC
- Karla M. Campbell, Branstetter, Stranch & Jenning, PLLC, Nashville, TN
- Chauniqua D. Young, Outten & Golden LLP, New York, NY
2:45 – 4:00 p.m.
April 7, 2021