IB - Developments in Discrimination Protections for a Person’s Sexual Orientation or Gender Identity
In 2020, the U.S. Supreme Court issued a decision prohibiting discrimination in the workplace because of an individual’s sexual orientation or gender identity. The Court relied heavily on the ordinary meaning of the phrase “on the basis of sex” from Title VII of the Civil Rights Act in arriving at its conclusion, using a “but-for” causation standard. This statutory interpretation of Title VII could affect other areas of the law that contain the same language, including Title IX, Wisconsin’s Public Accommodation Law, and Wisconsin’s Fair Employment Law, as discussed briefly below.