What does “sex” mean under Title VII. It’s always been understood to mean the biological differences between male and female, but discrimination based upon “sex” has not been interpreted to mean discrimination based upon the sexual orientation or transgender status. The U.S. Supreme Court has now held in a 6 to 3 decision that “[b]ecause discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII.”
Photo by Ted Eytan (https://www.flickr.com/photos/taedc/)
