Distinction Without a Difference: Federal Court Says Sexual Orientation Discrimination Is Sex Discrimination
The relationship between sex discrimination and sexual orientation discrimination has always been somewhat of a contested issue. Courts have routinely declared that they bear no relationship to one another, while advocates have long argued that they are one and the same. This matters because Title VII and other antidiscrimination laws with similar scope expressly protect against sex discrimination, but not against sexual orientation discrimination.
In a recent, groundbreaking ruling, Videckis v. Pepperdine University a federal district court has denounced the line between these two types of discrimination as “illusory and artificial,” leading it to rule that a claim of sexual orientation discrimination and harassment is cognizable under Title IX (as it would be under Title VII).
Joanna L. Grossman,
Distinction Without a Difference: Federal Court Says Sexual Orientation Discrimination Is Sex Discrimination Verdict
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/1015