Analysis

Justices' LGBT Ruling May Mean More Bias Cases Reach Trial

Law360 (June 19, 2020, 7:08 PM EDT) -- Older and disabled workers may have an easier time getting workplace bias cases before a jury thanks to the U.S. Supreme Court's landmark ruling that federal law forbids job discrimination based on sexual orientation and gender identity.

Justice Neil Gorsuch's majority opinion in Bostock v. Clayton County makes clear that workers don't have to prove their protected trait was the sole cause of their mistreatment under the "but for" standard, which applies to claims brought under the Americans with Disabilities Act, the Age Discrimination in Employment Act and certain other statutes.

This framing of the but-for standard clears up a longstanding...

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