Principles of Employment Discrimination Law

Martha Chamallas, Ohio State University College of Law

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Table of Contents

• Extensive treatment of the U.S. Supreme Court’s decision in Bostock v. Clayton County, holding that Title VII prohibits discrimination based on sexual orientation and gender identity, with its reverberating effects on harassment, retaliation, and dress and grooming code cases.
• Discussion of new ADA caselaw on COVID-19 and gender dysphoria.
• Expanded treatment of sex-plus and other intersectional claims.
• Update on Supreme Court’s expansion of the “ministerial” exemption for religious organizations and broader protection for religious employees.
• Marking continuing trend toward adoption of “but-for” causation.
• Documenting references to #MeToo movement and new federal legislation barring mandatory arbitration agreements in sexual assault and sexual harassment cases.
• Noting shifts in tests used to determine “adverse action” and the definition of “employee.”

Learn more about this series.