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Sexual Orientation and Gender Identity Employment Discrimination

Author: Matthew William Green
Subject: Law
Source: Open Textbook Library
Publisher: CALI's eLangdell® Press
Creative Commons Attribution-NonCommercial-ShareAlike Image


This Chapter will address the current protections that are available to lesbian/ gay/ bisexual and transgender (“LGBT”) individuals who allege they have been victims of employment discrimination. The Chapter's primary focus will be on federal statutory law/ particularly Title VII of the Civil Rights Act of 1964. Although the focus here is on federal law/ Appendix I to this Chapter lists the states that protect individuals from public and/or private discrimination under state laws. This topic is explored in four parts: (1) a brief overview of congressional efforts to enact a statute to protect individuals from employment discrimination on the basis of sexual orientation and gender identity; (2) discusses Title VII and sexual orientation; (3) discusses ways in which recent courts have handled sexual orientation discrimination under Title VII; and (4) similarly examines early judicial treatment of claims brought by individuals alleging discrimination on the basis of their gender identity and/or expression and explores how the law has developed in this area as well.

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