Reflections on Bostock: LGBTQ+ Rights in the Workplace and at the Supreme Court

July.17.2020

Orrick’s LGBTQ+ Attorney Inclusion Network, Women’s Initiative, and Diversity & Inclusion Committee hosted a virtual conversation on the U.S. Supreme Court’s recent ruling in Bostock v. Clayton County. Orrick attorneys Daniel Rubens and Matthew LaBrie moderated the panel, which featured Orrick counsel Kathryn Mantoan, Taylor Brown of American Civil Liberties Union, Professor Kent Greenfield of Boston College Law School, and Brian Jenks of Morgan Stanley.

In the video below, the panelists discuss the importance of the Bostock v. Clayton County ruling, which affirms that LGBTQ+ individuals are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. The group examines the background of the case, the majority and dissenting opinions, as well as how this landmark decision fits within the Supreme Court's LGBTQ+ rights jurisprudence more broadly and what the holding foreshadows for issues that were left unresolved by the majority opinion.

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Daniel A. Rubens Partner, Supreme Court & Appellate

New York

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D:+1 212 506 3679
E: [email protected]

Practice:

Supreme Court & Appellate

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Daniel A. Rubens Partner

New York

Danny's practice focuses on appellate litigation. He has led the drafting on dozens of appellate briefs, and regularly argues appeals in state and federal courts. Danny has extensive trial litigation experience as well, with an emphasis on dispositive motions, preserving appellate issues, and developing creative legal strategies.

Danny’s work has covered a wide range of subject areas, including securities, bankruptcy, intellectual property, arbitration, class actions, and criminal law. He has a deep understanding of appeals and critical motions in financial services litigation, and in recent years has played a key role in representing financial institutions in major RMBS cases brought by trustees, investors, and monoline insurers. His financial services clients include Credit Suisse, Goldman Sachs, Mr. Cooper, and Ocwen. He also represents leading technology companies in precedent-setting cases involving antitrust law and ballot initiatives, as well as other complex commercial litigation. In addition, Danny is an experienced bankruptcy litigator, having represented various debtors and creditors in fraudulent transfer cases and other contested insolvency-related matters involving U.S. and foreign law.

Danny is a member of the Second Circuit's pro bono panel and maintains an active pro bono practice focusing on criminal, immigration, racial justice, and LGBTQ+ rights matters in the Supreme Court and other appellate courts. He was recently recognized by the National LGBTQ+ Bar Association as a “Best LGBTQ+ Lawyer Under 40,” by the New York Law Journal as a Rising Star, and by LawDragon in its inaugural 500 X – The Next Generation listing. As part of his commitment to diversity, equity, and inclusion, Danny serves as a mentor for The Appellate Project, an organization focused on empowering law students of color to thrive in the appellate field. He has also served as an Orrick ambassador for the Move The Needle Fund, a collaborative effort designed by Diversity Lab to create a more diverse and inclusive legal profession.

Before joining Orrick, Danny served as a law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg, Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit, and Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York. Following his clerkships, he was selected to represent the American Inns of Court as a Temple Bar Scholar in London.

Matthew D. LaBrie Senior Associate, Complex Litigation & Dispute Resolution, Cyber, Privacy & Data Innovation

Boston

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D:+617 880 2208
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Practice:

Technology & Innovation Sector
Complex Litigation & Dispute Resolution
Cyber, Privacy & Data Innovation
Class Action Defense

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Matthew D. LaBrie Senior Associate

Boston

In his commercial litigation practice, Matthew represents clients in federal and state court at the trial and appellate levels. While Matthew routinely assists clients at all stages of the litigation process, through motions practice, discovery, witness preparation, and trial, he has a particular focus on class action defense. Matthew's litigation experience is broad, including data security litigation, commercial and contractual disputes in all industries, shareholder derivative litigation, and class action defense, as well as commercial arbitration. His current engagements include representation of clients facing consumer class actions arising out of a data breach of the MOVEit file transfer software; a social media company facing consumer class actions arising out of a data breach; the University of Washington in a pandemic-related class action seeking refunds of tuition and fees on behalf of students; and a series of litigations over the ownership and control of a social media company.

In his cybersecurity practice, Matthew counsels clients across the globe through all stages of a privacy or data security incident, navigating the relevant legal regimes, managing the response to and investigation of an incident, and handling any litigation or regulatory investigation resulting from the incident. Matthew spent a year based in Orrick's London office developing and coordinating Orrick's worldwide data breach incident response and litigation capabilities.

Matthew maintains an active pro bono practice. He has assisted individual clients with family law matters, advocated on behalf of veterans' and immigrants' rights, and represented human trafficking survivors in a series of federal cases.

Kathryn G. Mantoan Of Counsel, Employment Law & Litigation, Class Action Defense

San Francisco; Portland

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D:+1 503 943 4870
E: [email protected]

Practice:

Employment Law & Litigation
Class Action Defense
Pay Equity
Responsible Business

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Kathryn G. Mantoan Of Counsel

San Francisco; Portland

Katie was a part of the trial team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, a high-stakes systemic compensation discrimination case that garnered national media attention. Katie and her co-counsel were named "Litigators of the Week" by American Lawyer for the win. Two years later, Katie and her co-counsel were named Runners-Up by American Lawyer for securing decertification of a 3,000-person putative equal pay class action for Oracle.

In fall 2023, Katie co-first chaired a two week federal jury trial in Oregon and obtained a verdict against the client's former general manager, who set up a competing business while employed, on claims for breach of fiduciary duty and intentional interference.

Previously, Katie received California Lawyer’s Attorney of the Year Award in 2016 and was named a Northern California Super Lawyers "Rising Star" for seven consecutive years. She regularly writes and publishes on employment law developments, having presented on topics to three separate state bar associations and a host of national and regional legal and academic conferences.

Katie started her career at Orrick in 2004 and returned in 2015. From 2011 to 2014, she was an associate at a litigation boutique in San Francisco where she handled employment and constitutional law matters.