Necessary Coverage for Authentic Identity: How Bostock Made Title VII the Strongest Protection Against Employer-Sponsored Health Insurance Denial of Gender-Affirming Medical Care.

Authors

Jennifer A. Knackert

Abstract

In June 2020, the United States Supreme Court held that Title VII

protection from discrimination on the basis of sex extended to LGBTQ+

employees. The Bostock v. Clayton County, Georgia decision dealt with three

separate cases where LGBTQ+ employees had been fired from their jobs based

on either their sexual orientation or gender identity. While the shared issue in

these cases had to do with employee termination, the textualist argument

presented by the Court leads many legal scholars to believe that the holding

would be applicable to other areas of employment discrimination covered by

Title VII such as employer-sponsored healthcare coverage for gender-affirming

medical care.

Repository Citation

Jennifer A. Knackert, Necessary Coverage for Authentic Identity: How Bostock Made Title VII the Strongest Protection Against Employer-Sponsored Health Insurance Denial of Gender-Affirming Medical Care., 105 Marq. L. Rev. 179 (2021).
Available at: https://scholarship.law.marquette.edu/mulr/vol105/iss1/5