A Texas federal judge, Matthew Kacsmaryk, ruled that Title VII does not protect LGBTQ+ individuals from workplace discrimination, stating that the Equal Employment Opportunity Commission's guidance on 'sex' contradicts the law. Kacsmaryk argued that Title VIIâs definition of 'sex' must be limited to biological distinctions and does not accommodate gender identity or sexual orientation. He further supported policies that mandate adherence to biological gender in dress codes and bathroom usage, concluding that while LGBTQ+ individuals cannot be fired for their identities, they lack protections against workplace harassment.
Title VII does not require employers or courts to blind themselves to the biological differences between men and women.
The guidance's definition of sex contravenes Title VII's plain text by expanding the scope of 'sex' beyond the biological binary: male and female.
If a male employee who identifies as female is required to use male facilities, he is not exposed to 'disadvantageous terms' unlike other males.
Title VII prevents firing someone simply for being homosexual or transgender, but does not protect gay or trans people from harassment.
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