Questions: Chris, who is transgender, was up for promotion to a supervisory position at work but did not get it. A person on the decision-making committee later confided to him that the reason the job was given to someone else was because Chris was transgender. In what way can Chris respond? He is subject to the laws of that state, which might differ. He can sue on the basis of sex discrimination and gender identity. He has no legal recourse. He cannot sue but can go to arbitration if he belongs to a union.

The answer is: He can sue on the basis of sex discrimination and gender identity.

Explanation for each option:

1. He is subject to the laws of that state, which might differ.
   While state laws can vary, federal law in the United States provides protection against discrimination based on gender identity. The Supreme Court's decision in Bostock v. Clayton County (2020) established that discrimination based on gender identity is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Therefore, Chris has a basis to sue under federal law, regardless of state laws.

2. He can sue on the basis of sex discrimination and gender identity.
   This is correct. The Bostock v. Clayton County decision explicitly protects transgender individuals from employment discrimination under Title VII. Chris can pursue legal action on the grounds of sex discrimination and gender identity.

3. He has no legal recourse.
   This is incorrect. As mentioned, federal law protects against discrimination based on gender identity, providing Chris with legal recourse.

4. He cannot sue but can go to arbitration if he belongs to a union.
   This option is partially correct but not comprehensive. If Chris is part of a union, he may have the option to pursue arbitration as a first step, depending on the union's policies and agreements. However, this does not preclude him from suing for discrimination under federal law. Arbitration and legal action are not mutually exclusive, and the choice may depend on the specific circumstances and advice from legal counsel.