Gender Identity Discrimination as Sex Discrimination

Almost from the moment the earliest legal protections against sex discrimination were enacted, individuals have advanced the theory that discrimination based on gender identity or trans status constitutes a form of sex discrimination. In the United States, such arguments initially were often met with resistance from courts interpreting sex discrimination laws. Beginning in the early 2000s, however, courts increasingly began to accept this idea, applying various rationales to conclude that discrimination against a person based on their gender identity is prohibited under laws or policies that protect individuals against sex discrimination. In 2020, the U.S. Supreme Court accepted this theory, ruling that trans employees throughout the country are protected from discrimination based on gender identity under Title VII of the Civil Rights Act of 1964, ...