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The lessons these cases hold are instructive here. 75, a male plaintiff alleged a triable Title VII claim for sexual harassment by co-workers who were members of the same sex. Sundowner Offshore Services, Inc., 523 U. S. 702, an employer’s policy of requiring women to make larger pension fund contributions than men because women tend to live longer was held to violate Title VII, notwithstanding the policy’s evenhandedness between men and women as groups. 542, a company was held to have violated Title VII by refusing to hire women with young children, despite the fact that the discrimination also depended on being a parent of young children and the fact that the company favored hiring women over men.
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(b) Three leading precedents confirm what the statute’s plain terms suggest. There is no escaping the role intent plays: Just as sex is necessarily a but-for cause when an employer discriminates against homosexual or transgender employees, an employer who discriminates on these grounds inescapably intends to rely on sex in its decisionmaking. Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII. A statutory violation occurs if an employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee. It makes no difference if other factors besides the plaintiff’s sex contributed to the decision or that the employer treated women as a group the same when compared to men as a group. (2) These terms generate the following rule: An employer violates Title VII when it intentionally fires an individual employee based in part on sex.
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And the statute’s repeated use of the term “individual” means that the focus is on “ particular being as distinguished from a class.” Webster’s New International Dictionary, at 1267. In so-called “disparate treatment” cases, this Court has held that the difference in treatment based on sex must be intentional. The term “discriminate” meant “o make a difference in treatment or favor (of one as compared with others).” Webster’s New International Dictionary 745. That term incorporates the but-for causation standard, id., at 346, 360, which, for Title VII, means that a defendant cannot avoid liability just by citing some other factor that contributed to its challenged employment action. And “the ordinary meaning of ‘because of’ is ‘by reason of’ or ‘on account of,’ ” University of Tex. (1) The parties concede that the term “sex” in 1964 referred to the biological distinctions between male and female. The straightforward application of Title VII’s terms interpreted in accord with their ordinary public meaning at the time of their enactment resolves these cases. because of such individual’s race, color, religion, sex, or national origin.” 42 U. S. C. for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual. Held: An employer who fires an individual merely for being gay or transgender violates Title VII. The Second and Sixth Circuits, however, allowed the claims of Mr. Bostock’s suit could be dismissed as a matter of law. The Eleventh Circuit held that Title VII does not prohibit employers from firing employees for being gay and so Mr. Harris Funeral Homes fired Aimee Stephens, who presented as a male when she was hired, after she informed her employer that she planned to “live and work full-time as a woman.” Each employee sued, alleging sex discrimination under Title VII of the Civil Rights Act of 1964. Altitude Express fired Donald Zarda days after he mentioned being gay. Clayton County, Georgia, fired Gerald Bostock for conduct “unbecoming” a county employee shortly after he began participating in a gay recreational softball league.
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In each of these cases, an employer allegedly fired a long-time employee simply for being homosexual or transgender.