Statutory Interpretation: Do the Words “because of… sex” Include “Sexual Orientation” and “Transgender Identity”?

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Massachusetts CLE
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About This Course

The statement “…because of sex”, one that now appears on anti-discrimination forms, disclosures and even advertisements, are an essential aspect of employment discrimination.

This CLE course will address this term within the context of discrimination and present prior United States Supreme Court litigation such as Hopkins and Oncale which raises the question of whether sexual orientation and transgender identity were included in the statutory definition of sex.

The course will proceed to address three cases before the court which were determined on the basis of statutory interpretation and then explain the question of the court’s interpretation of this quintessential function.

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