Gay Rights

It's illegal to discriminate 'because of sex.' But what does that actually mean?

It's illegal to discriminate 'because of sex.' But what does that actually mean?

The Department of Justice last week threw down the gauntlet in North Carolina, filing a lawsuit alleging that the state violated federal anti-discrimination laws by restricting trans individuals' access to bathrooms in state government buildings. One of those federal laws, Title VII of the 1964 Civil Rights Act, forbids employment discrimination because of race, color, national origin, religion – and sex. DOJ says that North Carolina has engaged in sex discrimination, because, in DOJ's view, “sex” includes “gender identity.”

The government's interpretation of that word — “sex” — has broadened significantly since Title VII's...

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