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Case Name Bostock v. Clayton County EE-GA-0114
Docket / Court 1:16-CV-001460-ODE-WEJ ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Equal Employment
Case Summary
On May 5, 2016, a male county employee filed this lawsuit, pro se, in the United States District Court for the Northern District of Georgia, against his employer, the Clayton County Board of Commissioners. He sued for damages under Title VII of the Civil Rights Act of 1964, claiming that the ... read more >
On May 5, 2016, a male county employee filed this lawsuit, pro se, in the United States District Court for the Northern District of Georgia, against his employer, the Clayton County Board of Commissioners. He sued for damages under Title VII of the Civil Rights Act of 1964, claiming that the defendants had violated Title VII by discriminating against him on the basis of sexual orientation. Specifically, he claimed that his employer had terminated him, despite 10 years of positive past performance evaluations, from his position as the Child Welfare Services Coordinator assigned to the Juvenile Court of Clayton County after finding out that he was participating in a gay recreational softball league. He also alleged other incidents of harassment at work. The case was assigned to Judge Orinda D. Evans on May 9, 2016.

On August 2, 2016, the plaintiff had acquired the assistance of private counsel and filed a first amended complaint, in which he sought declaratory judgment, a permanent injunction to prevent defendant from engaging in unlawful employment practices in violation of Title VII, full backpay from his termination date, reinstatement to his former position, compensatory damages, punitive damages, and attorneys' fees.

On August 23, 2016, the defendant filed a motion to dismiss claiming that Title VII does not encompass discrimination on the basis of sexual orientation and because the Board of Commissioners was not capable of being sued. The plaintiff requested leave to file a second amended complaint on September 9, 2016.

On September 12, 2016, the plaintiff filed a second amended complaint. In the complaint, the plaintiff changed the defendant to be Clayton County and amended the allegations to discuss his discrimination as based on sexual orientation and failure to conform to a gender stereotype.

On September 26, 2016, the defendants filed a motion to dismiss the second amended complaint for failure to state a claim. They argued that Title VII does not include claims on the basis of sexual orientation. In November 2016, Magistrate Judge Walter E. Johnson recommended to grant the defendant's motion. 2016 WL 9753356. However, the district court deferred decision until the 11th Circuit gave a decision in Evans v. Georgia Regional Hospital, another Title VII case regarding discrimination based on sexual orientation.

On July 21, 2017, Judge Evans adopted the magistrate's report and recommendation and granted the defendant's motion to dismiss the case. The court found (1) that the 11th Circuit had foreclosed claims under Title VII for discrimination on the basis of sexual orientation; and (2) the plaintiff had not adequately pleaded facts of gender stereotyping. 2017 WL 4456898.

The plaintiff appeal to the 11th Circuit on August 11, 2017 (docket no. 17-1380). In May 2018, the 11th Circuit affirmed the decision of the lower court. 723 Fed. App'x 964 (Mem), reh'g denied, 894 F.3d 1335.

On June 1, 2018, the plaintiff filed a petition for a writ of certiorari to the Supreme Court of the United States, which was granted on April 22, 2019. 139 S.Ct. 1599. The case was consolidated with Zarda v. Altitude Express, Inc. for briefing and oral argument.

Oral argument occurred on October 8, 2019, and as of April 21, 2020, there has been no decision rendered. The case is ongoing.

Caitlin Kierum - 11/12/2019


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sexual orientatation
General
Gay/lesbian/transgender
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Clayton County
Plaintiff Description A man fired from his job on the basis of his sexual orientation
Class action status sought No
Class action status granted No
Filed Pro Se Yes
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 05/05/2016
Case Ongoing Yes
Case Listing EE-NY-0289 : Zarda v. Altitude Express, Inc. (E.D.N.Y.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:16−cv−01460 (N.D. Ga.)
EE-GA-0114-9000.pdf | Detail
Date: 08/20/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Pro Se Employment Discrimination Complaint Form [ECF# 1]
EE-GA-0114-0001.pdf | Detail
Date: 05/05/2016
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint [ECF# 10]
EE-GA-0114-0002.pdf | Detail
Date: 09/12/2016
Source: PACER [Public Access to Court Electronic Records]
Final Report and Recommendation [ECF# 16] (2016 WL 9753356) (N.D. Ga.)
EE-GA-0114-0004.pdf | WESTLAW | Detail
Date: 11/03/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 24] (2017 WL 4456898) (N.D. Ga.)
EE-GA-0114-0005.pdf | WESTLAW | Detail
Date: 07/21/2017
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# 30] (723 Fed.Appx. 964)
EE-GA-0114-0006.pdf | WESTLAW| LEXIS | Detail
Date: 05/10/2018
Source: PACER [Public Access to Court Electronic Records]
Petition For Writ Of Certiorari [ECF# 1]
EE-GA-0114-0003.pdf | Detail
Date: 05/25/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Evans, Orinda Dale (N.D. Ga.) show/hide docs
EE-GA-0114-0005 | EE-GA-0114-9000
Johnson, Walter E. Court not on record [Magistrate] show/hide docs
EE-GA-0114-0004
Newsom, Kevin Christopher (Eleventh Circuit) show/hide docs
EE-GA-0114-0006
Tjoflat, Gerald Bard (M.D. Fla., Fifth Circuit, Eleventh Circuit) show/hide docs
EE-GA-0114-0006
Wilson, Charles R. (M.D. Fla., Eleventh Circuit) show/hide docs
EE-GA-0114-0006
Plaintiff's Lawyers Green, Timothy Brian (Georgia) show/hide docs
EE-GA-0114-9000
Mew, Thomas Joseph IV (Georgia) show/hide docs
EE-GA-0114-0002 | EE-GA-0114-9000
Sutherland, Brian J (Georgia) show/hide docs
EE-GA-0114-0003 | EE-GA-0114-9000
Defendant's Lawyers Buechner, William H. Jr (Georgia) show/hide docs
EE-GA-0114-9000
Hancock, Jack Reynolds (Georgia) show/hide docs
EE-GA-0114-9000
Heller, Martin B (Georgia) show/hide docs
EE-GA-0114-9000

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