11.9.18

According to a report in yesterday's Bloomberg BNA Daily Labor Report, the Supreme Court will consider, and hopefully decide, on November 30 whether to review lower court decisions addressing whether sexual orientation and gender identity discrimination violate Title VII of the Civil Rights Act of 1964.

Title VII prohibits discrimination based on "sex." Until relatively recently, most federal courts said that "sex" discrimination was not the same as discrimination based on sexual orientation, and maybe not the same as discrimination based on gender identity.

However, in the past couple of years, some courts have overruled their prior decisions. In 2012, the Equal Employment Opportunity Commission decided for the first time that gender identity discrimination violated Title VII, and since that time it has taken the position that all LGBT discrimination violates Title VII. 

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