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Posts tagged "sex stereotyping"

"Sex Stereotyping" and Title VII Protections

Gender identity has become an increasingly prevalent issue, in the news and across social media. In Obergefell v. Hodges, the 2015 U.S. Supreme Court landmark case recognizing the fundamental right to marry for same-sex couples, Justice Kennedy began the majority opinion by holding that "The Constitution promises liberty all within its reach, a liberty that includes certain specific rights that allow persons ... to define and express their identity." 135 S.Ct. 2584, 2593 (2015). The ability to define one's own identity is broader than a simple demarcation between competing sexual orientations. Not surprisingly, employers have begun to find themselves tasked with accommodating the transitioning or transitioned employee in recognition of that individual's protected liberties, often in the face of antagonistic coworker responses, without creating an unreasonable interference with the employer's business.

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