‘But-For’ Causation Under Bostock

The recent Bostock v. Clayton County, Georgia decision, in which the Supreme Court of the United States ruled that an employer that fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964, has received a tremendous amount of attention. The Court’s decision has broad implications for employers and their employment counsel. Justice Neil Gorsuch’s majority opinion devotes much space to a discussion of the “but-for” causation standard.