Sexual Orientation and Gender Identity

Question 1

Prohibition of Stereotype-Based Sex Discrimination – Price Waterhouse v. Hopkins

Answer 1

case

Question 2

Prohibition on Sexual Orientation and Transgender Discrimination

Answer 2

Title VII prohibits discrimination on the basis of sexual orientation and gender identity.

Because the language of the statute is clear, there was no need for the Court to delve into legislative intent.

Further, because Title VII protects individuals, the Court rejected the employers’ argument that it doesn’t discriminate on the basis of sex because it treats gay and transgendered men and women the same.

If an employer fires a man who is attracted to men, but not a women who is attracted to men, that employer has necessarily discriminated on the basis of sex