Sex discrimination is banned under Title VII of the Civil Rights Act of 1964. There are hundreds of legal briefs & opinions to explain more.
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A Congressional act explicitly including sexual orientation as a protected class would protect against future briefs like this DOJ one.
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Yeah, I've been writing about this for a decade. I'm aware. It's also not going to happen for the time being, and the EEOC has ruled on VII.
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But the Trump EEOC is signaling it may try to change its position.
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(There is no such thing as the Trump EEOC.) In any event, that's not, ultimately, decisive anyway. It's in court.
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There will be a cert petition out of the 11th Circuit soon enough.
End of conversation
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