What Did We Get When We Got Sex?

Abstract

The purpose of this paper is to examine how the federal courts have interpreted the word “sex” in the context of Title VII of the 1964 Civil Rights Act. The discussion begins with a brief legislative history and then discusses the development of federal case law relevant to Title VII’s command concerning sex discrimination. This discussion is divided into three sections: early court opinions of the pre-1989 case law, the Supreme Court’s landmark Price Waterhouse v. Hopkins decision in 1989, and the evolving views of the federal courts as evidenced in the post-1989 case law. Finally, the ramifications of, and recommendations based on current understandings of the word “sex” in Title VII law, particularly in light of the Court’s decision in Bostock v. Clayton County (2020) are offered.