Title VII of the Civil Rights Act of 1964 is supposed to provide equal employment opportunities to all citizens of the United States. However, LGBTQ individuals face discrimination every day in the workplace, and based on the current state of the law, it is unclear whether discrimination based on an individual's "sexual orientation" or "gender identity" is covered under "sex" in Title VII. This Article explores the term "sex" and its various interpretations by Congress, the courts, and the various states. Further, this Article explains why it is up to Congress, if the Supreme Court of the United States reverses Zarda v. Altitude Express, to pass legislation, such as the Equality Act, to protect the LGBTQ community.
Kelsey Dorton, Who Is Going to Protect the LGBTQ Community from Discrimination - Congress or the Courts?, 42 Campbell L. Rev. 257 (2020).