Skip to Main Content

Bostock v. Clayton County: Meet the Plaintiffs

In Bostock v. Clayton County, the Supreme Court held that Title VII protects employees from discrimination based on sexual orientation or gender identity. Meet the plaintiffs whose federal cases led to this landmark decision.


Recent rulings of the Fifth Circuit Court of Appeals may undermine the protections against employment discrimination for LGBTQ+ individuals granted by Bostock. They affirm religious liberty claims superseding Title VII discrimination claims, which the Supreme Court has yet to substantially address. 

Case Law

Gauthreaux v. City of Gretna, (March 29, 2023):

The Louisiana Court of Appeals for the 5th Circuit affirmed the dismissal of the plaintiff's suit for failure to state a claim because the Louisiana anti-discrimination law protected sex, but not sexual orientation. The Circuit had previously relied on SC interpretations of Title VII in applying their state laws, but found that Bostock only explicitly applied to Title VII claims and declined to apply Bostock's reasoning to Louisiana's law. 

Braidwood Mgmt., Inc. v. EEOC, (June 20, 2023)

The 5th Circuit Court of Appeals affirmed that the Religious Freedom Restoration Act shields "Christian-Run Businesses" and religious non-profits from Title VII discrimination claims on the basis of sexual orientation and gender identity. One of several questions which remain is what the standard is for a private, for-profit business to qualify as a religious employer under this shield.