{"pk":31541,"title":"Lessons from Bostock: Analysis of the Jurisprudential (Mis)Treatment of “Sex” in Title VII Cases","subtitle":null,"abstract":"<p><em>The Supreme Court’s decision in </em>Bostock v. Clayton County<em> extended Title VII’s prohibition on sex discrimination to lesbian, gay, and transgender individuals. This decision represents the latest step forward in a long line of Title VII jurisprudence, which slowly expanded the de</em><em>fi</em><em>nition of “sex” as the cultural understanding of sex, gender identity, and sexual orientation improved. This Note critically reviews that history of jurisprudence, using the </em>Bostock<em> decision as a frame to examine the ways in which the courts’ de</em><em>fi</em><em>nition of “sex” has evolved out of a flawed understanding of the relationships between sex, gender identity, and sexual orientation as categories. This Note argues that the </em>Bostock<em> decision, while a great victory for gay and transgender plaintiffs, nonetheless leaves unprotected those individuals who do not conform to a binary interpretation of sex in their gender expression or sexual orientation. The Note concludes with a discussion of potential solutions that would guarantee non-discrimination protections for those whose identities do not conform to the gender binary.</em></p>","language":null,"license":{"name":"All rights reserved","short_name":"Copyright","text":"© the author(s). All rights reserved.","url":"https://creativecommons.org/licenses/authors"},"keywords":[],"section":"Note","is_remote":true,"remote_url":"https://escholarship.org/uc/item/0kb9d9kw","frozenauthors":[{"first_name":"Allison","middle_name":"","last_name":"Greenberg","name_suffix":"","institution":"","department":""}],"date_submitted":null,"date_accepted":null,"date_published":"2022-12-01T00:00:00Z","render_galley":null,"galleys":[{"label":"PDF","type":"pdf","path":"https://journalpub.escholarship.org/ucilr/article/31541/galley/22610/download/"}]}