The Open Question of Discrimination Based on Sexual Orientation

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Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. Throughout the country, courts have reached different conclusions about whether Title VII’s “on the basis of sex” language prohibits discrimination based on sexual orientation and gender identity.

The U.S. Supreme Court recently announced it will weigh in on the issue, deciding three cases in which employees alleged they suffered discrimination based on their sexual orientation and another case in which an employee claimed she was discriminated against on the basis of her gender identity.

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