Interpreting Title VII

For decades, there was a live debate about whether federal law protected LGBTQ+ employees from workplace discrimination. The argument went like this: Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin — but it never explicitly mentioned sexual orientation or gender identity. Congress had considered expanding the law but never passed it. Courts were split. Workers in some states had protection; workers in others didn’t.

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