Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin. But what does “sex” mean in Title VII?
LGBT activists and those in the LGBT community want the U.S. Supreme Court to redefine the word to include sexual orientation and gender identity, thus providing homosexuals and “transgenders” a new legal cause of action against their employer based on an allegation of some kind of discrimination without that change being made and approved by Congress.
And the U.S. Supreme Court recently agreed to take up three cases on this subject: Bostock v. Clayton County, Georgia and Altitude Express Inc. v. Zarda, and one concerning a “transgender,” R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission. All three will be argued in the fall with a decision likely by June 2020.
John Bursch, an attorney with Alliance Defending Freedom, said of the cases, “Neither government agencies nor the courts have authority to rewrite federal law by replacing ‘sex’ with ‘gender identity.’”
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