Does "gender" constitute a protected characteristic in Title VII?
MultiRegion, United States of America
The following excerpt is from NGUYEN v. QUALCOMM INC., CASE NO. 09CV1925-MMA (CAB) (S.D. Cal. 2011):
2 Title VII does not list "gender" as a protected characteristic, but courts have interpreted the term "sex" under Title VII as encompassing both sex (the biological differences between men and women) and gender (to act in the way society expects of a man or woman). Schwenk v. Hartford, 204 F.3d 1187, 1202 (9th Cir. 2000).
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