Section 7

Citation: Section 7
Parent Document: Bostock v. Clayton County, 590 U.S. 644 (2020)
Jurisdiction: United States (federal)
Effective Date: 2020-06-15
Original Source: https://www.courtlistener.com/opinion/4760997/bostock-v-clayton-county/ ↗

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Title VII of the Civil Rights Act of 1964 prohibits employ-
ment discrimination on any of five specified grounds: “race,
color, religion, sex, [and] national origin.” 42 U. S. C.
§2000e–2(a)(1). Neither “sexual orientation” nor “gender
identity” appears on that list. For the past 45 years, bills
have been introduced in Congress to add “sexual orienta-
tion” to the list,1 and in recent years, bills have included
“gender identity” as well.2 But to date, none has passed
both Houses.
   Last year, the House of Representatives passed a bill that
would amend Title VII by defining sex discrimination to in-
clude both “sexual orientation” and “gender identity,” H. R.
5, 116th Cong., 1st Sess. (2019), but the bill has stalled in
the Senate. An alternative bill, H. R. 5331, 116th Cong.,
1st Sess. (2019), would add similar prohibitions but con-
tains provisions to protect religious liberty.3 This bill re-
mains before a House Subcommittee.
   Because no such amendment of Title VII has been en-
acted in accordance with the requirements in the Constitu-
tion (passage in both Houses and presentment to the Pres-
ident, Art. I, §7, cl. 2), Title VII’s prohibition of

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