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West Virginia v. B. P. J. · ¶212

In support of her claim, B. P. J. invokes this Court’s decision in Bostock v. Clayton County, 590 U. S. 644 (2020). See ante, at 13. In Bostock, the Court construed Title VII and reached the simple but consequential conclusion that when a person’s transgender status is a but-for cause of an employment decision, sex ineluctably is also a but-for cause of that decision. 590 U. S., at 662. It is “impossible,” the Court explained, to draw a transgender-based distinction without also drawing a sex-based distinction. Id., at 660. Further, because Title VII prohibits sex-based discrimination in the workplace, Bostock held, it also prohibits transgender discrimination in that context. Ibid.
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