For the first time today a Federal court decided that it is illegal to discriminate in employment for people that identify as two spirit/LGBT under the Civil Rights Act of 1964. The U.S. Court of Appeals ruled that Title VII includes sexual orientation. The court determined that the word sex in Title VII includes sexual orientation. Chief Judge Diane Wood was quoted as saying, "It is actually impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex. It would require considerable calisthenics to remove the 'sex' from 'sexual orientation.’” The court came to this decision after reviewing cases presented to the Supreme Court regarding employment discrimination over the last twenty years. Chief Judge Wood wrote, “In this case, we have been asked to take a fresh look at our position in light of developments at the Supreme Court extending over two decades. We have done so, and we conclude today that discrimination on the basis of sexual orientation is a form of sex discrimination.” This is another step in the direction for equity and equality.
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