For over 50 years, NWLC has been leading the fight to defend Title IX and eradicate all forms of sex discrimination in school and fight for gender equity. Now, far-right extremists are promoting anti-trans misinformation that violates and undermines the promise of Title IX.
We will never stop fighting to make sure everyone can live authentically, without fear and discrimination, especially for women, girls, and the LGBTQIA+ community.
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Title VII is the federal law that prohibits discrimination on the basis of sex, race, color, national origin, and religion. It doesn’t specifically mention sexual orientation. In this ruling, the 7th Circuit became the first federal Court of Appeals to hold that Title VII nevertheless does protect people on the basis of sexual orientation, because discriminating against someone based on the sex of the person they date/love/marry is a form of sex discrimination.
It’s important to note though, that this ruling only considers sexual orientation – but other Courts of Appeals have previously held that discrimination on the basis of gender identity is unlawful sex discrimination. And yesterday’s ruling puts us in good shape for a case the 7th Circuit (which has not yet ruled on this issue) will soon be considering. Ash Whitaker, a trans student in Wisconsin, is suing his school for refusing to respect his gender identity. We filed an amicus brief that outlined why anti-trans discrimination is also a form of sex discrimination – an argument we believe should apply to both Title IX in Ash’s case, and anywhere sex discrimination is barred.
What Happens Next
Unfortunately though, this story may not be over. The ruling conflicts with one in the 11th Circuit, which means the case could go all the way up to the Supreme Court, should Ivy Tech choose to appeal. If that happens, we’ll have to wait a while to find out how or if this decision will have an impact on queer people at work.
In the meantime though, let’s celebrate this momentous decision and cross our fingers that legal workplace discrimination against queer people is a thing of the past!