Lisa Banks & Hannah Alejandro Analyze Evolving Definitions of Sex Under Title VII

Katz, Marshall and Banks partner Lisa Banks and senior counsel Hannah Alejandro published an article in the ABA Journal of Labor and Employment Law entitled, "Changing Definitions of Sex under Title VII." In the article, Ms. Banks and Ms. Alejandro discuss how interpretation of Title VII's clause prohibiting employment discrimination "because of such individual'," is evolving to incorporate protections for members of the LGBTQ community. Courts and federal agencies have historically held that discrimination "because of sex" does not include discrimination against gay or transgender individuals. According to the authors, however, "there is a growing movement to re-interpret Title VII precedent and the statute's language to bring sexual minorities within its protection." The authors go on to briefly evaluate various definitions of sex, the evolving definition of sex in Title VII doctrine, and the social attitudes bringing about these changes. To read the full article, click here