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After the plaintiff notified the employer that she was under a doctor's care for gender dysphoria and would be undergoing gender transition, the employer withdrew the offer, explaining that the plaintiff would not be a "good fit." The court stated that since the employer refused to hire the plaintiff because she planned to change her anatomical sex by undergoing sex reassignment surgery, the employer's decision was literally discrimination "because of ... A finder of fact might reasonably conclude that the employer's statement that the job offer was rescinded because she had "misrepresented" herself as female reflected animus against individuals who do not conform to gender stereotypes.

The plaintiff, a transgender female, was offered a position as a terrorism research analyst before she had changed her name and begun presenting herself as a woman. Denying the employer's motion for summary judgment, the court concluded that the plaintiff's claim was actionable as sex discrimination under Title VII on the theory that she failed to comport with the employer's notions of how a male should look.

Noting that the phrase "on the basis of sex" in Title IX is interpreted in the same manner as similar language in Title VII, the court held that a transgender female student could proceed with a claim that she was sexually harassed "on the basis of sex" in violation of Title IX.

Chief Judge Wood, writing for the majority, first relied on the "comparative method" of analysis, reasoning that "Hively alleges that if she had been a man married to a woman .

Analyzing Title VII's legislative history and case law in extensive detail, the court held that abrogates the narrow view of 0Title VII's plain language that previously excluded sex discrimination claims by transgender individuals, citing supportive rulings by the 6th, 9th, and 11th Circuits, as well as the EEOC's decision in , 79 F.

The plaintiff, a corrections officer, alleged the Department of Corrections violated Title VII's prohibition on sex discrimination based on gender identity when supervisors tolerated harassment of him and breached his confidentiality by informing prison inmates of his transition.

." Two other concurring judges joined the bulk of the majority opinion, but not its reliance on the "backdrop" of Supreme Court opinions regarding sexual orientation, and wrote separately to emphasize that "[o]ne cannot consider a person's homosexuality without also accounting for their sex" because sexual orientation discrimination involves discriminating against a woman because she is (a) a woman, who is (b) sexually attracted to women, and therefore sexual orientation discrimination is necessarily motivated in part by the employee's sex. [producing] a statutory amendment courtesy of unelected judges," reasoning that courts must interpret a statute "as a reasonable person would have understood it at the time of enactment." Two other appellate courts, in rulings by divided three-judge panels, have recently reached the opposite conclusion, finding that they were bound by circuit precedent disallowing sexual orientation discrimination claims under Title VII; however, there were extensive separate opinions written in each case reasoning that the older precedent should be overturned.

27, 2017) (concurring, two judges extensively critiqued the circuit precedent disallowing Title VII sexual orientation discrimination claims, and endorsed all three rationales set forth by the EEOC in , 2017 WL 943925 (11th Cir.

In an 8-3 en banc decision, the Seventh Circuit agreed with the EEOC that Title VII's prohibition on sex discrimination incorporates a prohibition on sexual orientation discrimination, overruling its contrary prior precedent. and everything else had stayed the same, Ivy Tech would not have refused to promote her and would not have fired her.

Finally, the majority pointed to the "backdrop" of the Supreme Court's decisions regarding sexual orientation.

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