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Does Title VII of the Civil Rights Act of 1964, which prohibits against employment discrimination "because of . . . sex" encompass discrimination based on an individual's sexual orientation? - ANSWER-yes$18.49
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Does Title VII Of The Civil Rights Act Of 1964, Wh
Does Title VII of the Civil Rights Act of 1964, wh
Exam (elaborations)
Does Title VII of the Civil Rights Act of 1964, which prohibits against employment discrimination "because of . . . sex" encompass discrimination based on an individual's sexual orientation? - ANSWER-yes
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Does Title VII of the Civil Rights Act of 1964, wh
Institution
Does Title VII Of The Civil Rights Act Of 1964, Wh
Does Title VII of the Civil Rights Act of 1964, which prohibits
against employment discrimination "because of . . . sex"
encompass discrimination based on an individual's sexual
orientation? - ANSWER-yes
Does Title VII of the Civil Rights Act of 1964, which prohibits
against employment discrimination "because of . . . sex"
encompass discrimination based on an individual's sexual
orientation? - ANSWER-yes
"Equality Act" amended federal statutes to make discrimination
on the basis of sexual orientation - ANSWER-and gender
identity unlawful in employmentand in public accommodations
-- violates Title VII
In 1979, the Ninth Circuit in DeSantis v. Pacific Telephone and
Telegraph Co. held that Title VII - ANSWER-does not prohibit
discrimination on the basis of sexual orientation.
The Ninth Circuit rejectedseveral rationales put forward by the
plaintiffs: - ANSWER-that "sex" should be interpreted broadly
to include sexual orientation;
that discrimination on the basis of sexual orientation has a
disparate impacton men because more men are gay and
employers are more likely to discover their male employees'
sexual orientation.
that discrimination based on an employee's choice of sexual
partner is sex discrimination because a male employee who
prefers men is treated differently than a female employee who
prefers men;
and
,that discrimination because of sexual orientation is reliance on a
discriminatory stereotypeabout how men and women should
behave.
In 2015, the EEOC issued a ruling overturning its previous
position of 48 years, which had been consistent with DeSantis.
(EEOC interpretation of the law is not THE law) - ANSWER-In
Baldwin v. Foxx, the EEOC ruled that Title VII's prohibition
against sex discrimination applied to prohibit an employer from
discriminating on the basis of sexual orientation or sexual
identity. (no authoritative power, but they may or may not
because its not THE LAW)
The opinion begins by noting that "[w]hen an employee raises a
claim of sexual orientation discrimination as sex discrimination
under Title VII, the question is not whether - ANSWER-sexual
orientation is explicitly listedin Title VII as a prohibited basis
for employment actions. It is not."
Instead, the Commission stated, "the question for purposes of
Title VII coverage of a sexual orientation claim is the same as
any other Title VII case involving allegations of sex
discrimination - ANSWER-—whether the agency [employer]
has "relied on sex- based considerations" or "take[n] gender into
account" when taking the challenged employment action."
discrimination of sexual orientation is inescapably - ANSWER-
linked to sex
What examples did the EEOC give that discriminating against a
person because of his/her sexual orientation is also
, discriminating against him/her because of his/her sex? -
ANSWER-Examples: assume that an employer suspends a
lesbian employee for displaying a female spouse on her desk,
but doesn't suspend a male for having his female spouse on the
desk (this would be an example of sex
--If a man is judged for dating or associating with men and a
woman is not
-It involves gender stereotypes (appearance, mannerisms of
femininity or masculinity)
Bostock v. Clayton County: Does Title VII of the Civil Rights
Act of 1964, which prohibits against employment discrimination
"because of . . . sex" encompass discrimination based on an
individual's sexual orientation? - ANSWER-An employer who
fires an individual employee merely for being gay or
transgender violates Title VII of the Civil Rights Act of 1964.
Discrimination on the basis of homosexuality or transgender
status requires an employer to intentionally treat employees
differently because of their sex—the very practice Title VII
prohibits in all manifestations.
Consider, for example, an employer with two employees, both
of whom are attracted to men. The two individuals are, to the
employer's mind, materially identical in all respects, except that
one is a man and the other a woman. If the employer fires the
male employee for no reason other than the fact he is attracted to
men, - ANSWER-the employer discriminates against him for
traits or actions it tolerates in his female colleague
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