Plaintiffs and their attorneys have an increasingly viable argument that Title VII’s definition of “sex” includes sexual orientation and gender identity, expanding employers’ potential liability. This is based in part on the Equal Employment Opportunity Commission’s (EEOC) firm position that both sexual orientation and gender identity are protected under the statute.
Ritter, Lowell, "Sexual Orientation and Gender Identity: Protected Categories Under Title VII?" (2016). Journal of Legislation Online Supplement. 1.