Scientific research may someday cause a shift in the plain meaning of the term "sex" so that it extends beyond the two starkly defined categories of male and female.
Although there is certainly a distinction between a class delineated by sexual orientation and a class delineated by sexual identity, the court is reluctant to expand the traditional definition of sex in the Title VII context. The United States Court of Appeals for the Tenth Circuit has explicitly declined to extend Title VII protections to discrimination based on a person's sexual orientation. 2007) Rule:Įven the United States Court of Appeals for the Sixth Circuit, which has extended protection to transsexuals under the Price-Waterhouse theory, has explained that an individual's status as a transsexual should be irrelevant to the availability of protection under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.S.
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