The COVID Project
The record
- Level
- Legal authority
- Authority
- Bostock v. Clayton County, 590 U.S. 644 (2020) (slip opinion)
- Issued
- 2020-06-15 June 15, 2020
- In force
- June 15, 2020 (no end date recorded; counted as in force for 120 days)
- Character
- case
Operative words
In the language of law, this means that Title VII's "because of" test incorporates the "simple" and "traditional" standard of but-for causation. Nassar, 570 U. S., at 346, 360. That form of causation is established whenever a particular outcome would not have happened "but for" the purported cause. See Gross, 557 U. S., at 176. In other words, a but-for test directs us to change one thing at a time and see if the outcome changes. If it does, we have found a but-for cause. This can be a sweeping standard. Often, events have multiple but-for causes.
Notes