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On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County, in a 6-to-3 decision with a majority opinion authored by conservative Justice Neil Gorsuch, that Title VII of the Civil Rights Act of 1964 prohibited employment discrimination on the basis of gender identity and sexual orientation. The decision was a surprise to many, if not most, observers, but as Jason Pierceson explores in this work, it was not completely unanticipated. The decision was grounded in a recent but well-developed shift in federal jurisprudence on the question of LGBTQ rights that occurred around 2000, with gender identity claims faring better in federal court after decades of skepticism. The most important precedent for these cases was a 1989 Supreme Court case that did not deal directly with LGBTQ rights: Price Waterhouse v. Hopkins. The court ruled in Price Waterhouse that “sex stereotyping” is a form of discrimination under Title VII, a provision that prohibits discrimination in employment based upon sex. Ann Hopkins was a cisgender heterosexual woman who was denied a promotion at her accounting firm for being too “masculine.” At the time of the decision, and in the wake of the devastating decision for the LGBTQ movement in Bowers v. Hardwick (1986), the case was not viewed as creating a strong precedential foundation for LGBTQ rights claims, especially claims based upon sexual orientation. Even in the context of gender identity, the connection was not made to the emerging movement for transgender rights until a decade later. In the 2000s, however, federal courts were consistently applying the case to protect transgender individuals. While not the result of coordinated litigation, nor initially connected to the LGBTQ rights movement, Price Waterhouse has been one of the most important and powerful precedents in recent years outside of the marriage equality cases. Before Bostock tells the story of how this “accidental” precedent evolved into such a crucial case for contemporary LGBTQ rights. Pierceson examines the groundbreaking Supreme Court decision of Bostock v. Clayton County through the legal path created by Title VII of the Civil Rights Act of 1964 and the interpretation of the word “sex” over time. Focusing on history, courageous LGBTQ plaintiffs, and the careful work of legal activists, Before Bostock illustrates how the courts can expand LGBTQ rights when legislators are more resistant, and it adds to our understanding about contemporary judicial policymaking in the context of statutory interpretation.
Reprint of the original, first published in 1868.
"What does it mean to be trans? A common understanding of transgender, or trans for short, is that a person's gender differs from the sex they were assigned at birth. However, many see the idea of being trans as more complicated -- as an active process of challenging the formal structures that govern how gender is defined. For different people, and in different times, places, and contexts, gender itself can be a broad entity or a very narrow one, and in various ways, understandings of "trans" can seem too expansive or too restrictive"--
This edition includes: Novels: A Search for a Secret All But Lost Out on the Pampas The Young Franc-Tireurs The Young Buglers The Cornet of Horse In Times of Peril Facing Death, The Hero of the Vaughan Pit Winning His Spurs (Boy Knight) Friends Though Divided Jack Archer Under Drake's Flag By Sheer Pluck With Clive in India In Freedom's Cause St. George For England True to the Old Flag The Young Colonists The Dragon and the Raven For Name and Fame The Lion of the North Through the Fray The Bravest of the Brave A Final Reckoning The Young Carthaginian With Wolfe in Canada Bonnie Prince Charlie For the Temple In the Reign of Terror Orange and Green Captain Bayley's Heir The Cat of Bubastes The Curse of Carne's Hold The Lion of St. Mark By Pike and Dyke One of the 28th With Lee in Virginia By England's Aid By Right of Conquest Chapter of Adventures Maori and Settler The Dash For Khartoum Held Fast for England Redskin and Cowboy Beric the Briton Condemned as a Nihilist In Greek Waters Rujub, the Juggler Dorothy's Double A Jacobite Exile Saint Bartholomew's Eve Through the Sikh War In the Heart of the Rockies When London Burned A Girl of the Commune Wulf The Saxon A Knight of the White Cross Through Russian Snows The Tiger of Mysore At Agincourt On the Irrawaddy The Queen's Cup With Cochrane the Dauntless Colonel Thorndyke's Secret A March on London With Frederick the Great With Moore at Corunna Among Malay Pirates At Aboukir and Acre Both Sides the Border The Golden Cañon The Stone Chest The Lost Heir Under Wellington's Command In the Hands of the Cave Dwellers No Surrender! A Roving Commission Won by the Sword In the Irish Brigade Out With Garibaldi With Buller in Natal At the Point of the Bayonet To Herat and Cabul With Roberts to Pretoria The Treasure of the Incas With Kitchener in the Soudan With the British Legion Through Three Campaigns With the Allies to Pekin By Conduct and Courage Short Stories Historical Works Other Writings
DigiCat presents to you this unique historical collection with action adventure tales from all over the world. This carefully crafted and meticulously edited collection is formatted for your eReader with a functional and detailed table of contents: Out on the Pampas The Young Franc-Tireurs The Young Buglers The Cornet of Horse In Times of Peril Winning His Spurs (Boy Knight) Friends Though Divided Jack Archer Under Drake's Flag By Sheer Pluck With Clive in India In Freedom's Cause St. George For England True to the Old Flag The Young Colonists The Dragon and the Raven For Name and Fame The Lion of the North Through the Fray The Bravest of the Brave The Young Carthaginian With Wolfe in Canada Bonnie Prince Charlie For the Temple In the Reign of Terror Orange and Green Captain Bayley's Heir The Cat of Bubastes The Curse of Carne's Hold The Lion of St. Mark By Pike and Dyke One of the 28th With Lee in Virginia By England's Aid By Right of Conquest Chapter of Adventures Maori and Settler The Dash For Khartoum Held Fast for England Redskin and Cowboy Beric the Briton Condemned as a Nihilist In Greek Waters Rujub, the Juggler A Jacobite Exile Saint Bartholomew's Eve Through the Sikh War In the Heart of the Rockies When London Burned A Girl of the Commune Wulf The Saxon A Knight of the White Cross Through Russian Snows The Tiger of Mysore At Agincourt On the Irrawaddy With Cochrane the Dauntless Colonel Thorndyke's Secret A March on London With Frederick the Great With Moore at Corunna Among Malay Pirates At Aboukir and Acre Both Sides the Border The Lost Heir Under Wellington's Command In the Hands of the Cave Dwellers No Surrender! A Roving Commission Won by the Sword In the Irish Brigade Out With Garibaldi With Buller in Natal At the Point of the Bayonet To Herat and Cabul With Roberts to Pretoria The Treasure of the Incas With Kitchener in the Soudan With the British Legion Through Three Campaigns With the Allies to Pekin By Conduct and Courage
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Tenth Edition of the best-selling Cases and Materials on Employment Discriminationwelcomes a new co-author, Stephanie Bornstein, whose contributions are reflected throughout. Like earlier editions, the tenth edition blends cases, notes, and problems into an integrated pedagogy that balances scholarly and practice perspectives. The authors build a conceptual framework for understanding how discrimination is defined in theory and proven in litigation. The text allows professors to explore particular interests more deeply and permits them to contrast a litigation approach with compliance, investigation, and counseling perspectives characteristic of modern employment law practice. The broad coverage integrates scholarship with legal doctrine. The useful Statutory Supplement is available for separate purchase. New to the Tenth Edition: Bostock v. Clayton County (prohibiting sexual orientation and gender identity discrimination as discrimination “because of sex”) Our Lady of Guadalupe School v. Morrisey-Berru (expanding Title VII’s “ministerial exception”) Comcast Corp. v. Nat’l Ass’n of African American Owned Media (holding no mixed motive proof allowed under Section 1981) Expanded discussion of causation in the wake of Bostock, including Comcast and Babb v. Wilkie (on federal sector ADEA claims) Expanded and updated materials on Critical Race Theory Expanded and updated materials on gender discrimination and sex stereotyping, including sexual orientation, gender identity, and caregiver discrimination Expanded coverage of pay discrimination and the Equal Pay Act Professors and student will benefit from: An integrated pedagogy that balances scholarly and practice perspectives A conceptual framework that shows how discrimination is defined and proven in litigation A design that allows teachers to shift between litigation approaches and compliance, investigation, and counseling perspectives Integration of scholarship with legal doctrine