Title VII and Discrimination: A Report on Homosexuals and Transsexuals

This report examines the legal implications of discrimination against homosexuals and transsexuals, specifically in relation to Title VII of the Civil Rights Act of 1964. It analyzes the legal arguments and court decisions concerning workplace discrimination based on sexual orientation, including the Second Circuit's ruling. The report highlights that discrimination against homosexuals and transsexuals contravenes Title VII, which protects individuals from sex-based discrimination. The report references the viewpoints of legal scholars and the court's interpretation of Title VII, which is to protect individuals from discrimination. The report is supported by references to relevant legal literature, including the work of V. Schultz. The report concludes that the current legal framework extends protection to individuals based on their sexual orientation. This is a key area of legal discussion.

Running Head: DISCRIMINATION
Discrimination against homosexuals and transsexuals
Name
Affiliation
Instructor
Date

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Discrimination
Discrimination against homosexuals and transsexuals
Violation of Title VII
Yes, according to Title VII of the 1964 Civil Rights Act, discrimination on the basis of sex is
not allowed especially when one is seeking employment. This was also reiterated by Judge
Colleen Lollar Kotelly of the United States District Court in 2014 when she ruled in favor of
Peter TerVeer. Peter had the capacity for using his employer when he discriminated him on
the basis of his sexual status- being gay. As such, discrimination against homosexuals and
transsexuals contravenes Title VII, (Schultz, 2018, 17).
The decision of the Second Circuit
The decision held was that workplace discrimination based on sexual orientation is
prohibited by the Title VII contained in the Civil Rights Act.
Reasons why Judges Disagreed
The reason for the disagreements by some judges in the court as well as other federal
courts is founded on the basis that sexual orientation discrimination is not covered by Title
VII
Who is rightly interpreting Title VII
According to the provisions of Title VII, the United States Court of Appeals made the right
interpretation of the Title. Sex is the main factor that has been put under consideration and
is also protected by Title VII. As such, any form of sexual orientation is also protected,

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Discrimination
(Schultz, 2018, 125). This protection extends to those purported to be homosexuals or
transsexuals.it is upon the claimant to prove that he or she has been discriminated in the
basis of sex. The second circuit as such decided that one’s sexual relation to those that he or
she is attracted to is under protection by Title VII

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Discrimination
References
Schultz, V. (2018). Telling Stories About Women and Work: Judicial Interpretations of Sex
Segregation in the Workplace in Title VII Cases Raising the Lack of Interest Argument
[1990]. In Feminist legal theory (pp. 124-155). Routledge.
Schultz, V. (2018). Open Statement on Sexual Harassment from Employment Discrimination
Law Scholars. Stan. L. Rev. Online, 71, 17.