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This Week in SCOTUSTalk: Because of Sex - Labor and Employment Law News

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Labor and Employment Law News

Posted on: May 9, 2019

The U.S. Supreme Court has accepted three cases that will decide whether the phrase, "because of ... sex" in Title VII of the Civil Rights Act prohibits discrimination on the basis of an employee's LGBT status. In our jurisdiction, discrimination because of sexual orientation is unlawful under Title VII. Hively v. Ivy Tech Cmty. College of Ind., 853 F.3d 339 (7th Cir. 2017). And the Sixth Circuit ruled that discrimination because of transgender status is also unlawful. EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 884 F.3d 560 (6th Cir. 2018). 

Harris is one of the trio of cases accepted by the Supreme Court. The three are the subject of a recent podcast from SCOTUSblog.

This content was submitted by the Labor & Employment Law Section Executive Committee, please email Kara Sikorski at


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