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Expert Analysis

The Future Of LGBT Protections: Will High Court Weigh In?

By Allison Oasis Kahn (November 28, 2018, 1:20 PM EST) -- In late October, The New York Times reported that the U.S. Department of Health and Human Services is seeking to narrow the definition of "sex" with the agencies that enforce Title IX's proscription against discrimination in any education program or activity receiving federal funds. This article explores how new rules would affect the interpretation of "sex" under both Title VII and Title IX and how the U.S. Supreme Court's decisions on three pending petitions for certiorari will affect the administration's push to exclude sexual orientation and transgender status as a subset of unlawful "sex" discrimination.       ...

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