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OLIVAREZ v. T-MOBILE USA, INC.

No. 20-20463.

997 F.3d 595 (2021)

Elijah Anthony OLIVAREZ, Plaintiff-Appellant, v. T-MOBILE USA, INCORPORATED; Broadspire Services, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed May 14, 2021.

Attorney(s) appearing for the Case

Jillian T. Weiss , Brooklyn, NY, for Plaintiff-Appellant.

Micah Randall Prude , Thompson & Knight, L.L.P., Dallas, TX, for Defendant Appellee T-Mobile USA, Incorporated.

William D. Hittler , Nicole F. Dailo , Nilan Johnson Lewis, PA., Minneapolis, MN, Adam Jonathan Russ , Gordon, Arata, Montgomery, Barnett, McCollam, Duplantis & Eagan, L.L.C., Houston, TX for Defendant-Appellee Broadspire Services, Incorporated.

Before Smith, Stewart, and Ho, Circuit Judges.

We withdraw the court's prior opinion of May 12, 2021 and substitute the following opinion.

Title VII of the Civil Rights Act of 1964 prohibits employers from "discriminat[ing]" against any individual with respect to employment "because of such individual's... sex." 42 U.S.C. § 2000e-2(a)(1). Under Bostock...

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