The Supreme Court has defined sex discrimination under Title VII of the Civil Ri
ID: 361564 • Letter: T
Question
The Supreme Court has defined sex discrimination under Title VII of the Civil Rights Act of 1964 to include sexual harassment (both opposite-gender and same-gender). The Court has defined quid pro quo and hostile environment harassment. The Court has not defined it to protect someone against discrimination or harassment based on sexual orientation or preference, or transgender status. Discuss whether Title VII should be expanded to include those issues The Supreme Court has defined sex discrimination under Title VII of the Civil Rights Act of 1964 to include sexual harassment (both opposite-gender and same-gender). The Court has defined quid pro quo and hostile environment harassment. The Court has not defined it to protect someone against discrimination or harassment based on sexual orientation or preference, or transgender status. Discuss whether Title VII should be expanded to include those issuesExplanation / Answer
Yes, Title VII should be expanded to include these issues. This is because an employer’s liability for supervisor sexual harassment is not limited to quid pro quo sexual harassment and hostile work environment sexual harassment only. Quid pro quo sexual harassment occurs in the form of unwelcome sexual conduct by an individual which is used as a basis for employment decisions. Hostile work environment sexual harassment occurs when employee is subjected to harassment that was based on sex and the nature of the harassment was severe. The employer was either aware or should have been aware of the harassment in such cases.
But Title VII should include issues like harassment based on sexual orientation or preference, or transgender status as well. This is because discrimination in employment with regards to hiring, firing, compensation are not limited to just quid pro quo sexual harassment and hostile work environment sexual harassment. Discrimination can also be based on sexual orientation or preference, or transgender status. This inclusion will make the definition of sex discrimination even more comprehensive and will cover different possible scenarios of harassment that can occur at workplace. Discrimination and harassment of individuals on the basis of their perceived or actual gay, lesbian, bi-sexual, or heterosexual orientation is a reality and hence it is important that this is also included in the definition of sex discrimination.
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