Sexual Orientation, Gender Identity, and "Because of Sex"

There was long a question about whether Title VII covered discrimination on the basis of sexual orientation or gender identity. On the one hand, Congress has considered and never passed laws that would explicitly extend anti-discrimination protections to GLBTIQ+ employees. On the other hand, sex discrimination--which is unquestionably covered by Title VII--is closely related to discrimination on the basis of sexual orientation and gender identity. 

We will study how the courts began allowing actions for same-sex harassment. Then, we will consider how courts offered some limited protection for transgender or gay workers. Finally, we will read the Supreme Court's landmark decision on the inclusion of gender identity and sexual orientation under Title VII.