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Smith V. City of Salem: "Sex-Stereotyping" Becomes a Potent Way to Prove Same-Sex Sex Discrimination under Title VII
Beginning of article
In Smith v. City of Salem,1 decided in August, 2004, the United States Court of Appeals for the Sixth Circuit allowed a transsexual to proceed with a claim of workplace sex discrimination under Title VII of the Civil Rights Act of 1964.2 This ruling undoubtedly raised some eyebrows, given that transsexuals are hardly a protected class under the Act. In reality, far from holding that discrimination against transsexuals is per se illegal, City of Salem merely involved a unique application of a sex-stereotyping theory articulated by the United States Supreme Court in 1989 in Price Waterhouse v. Hopkins.3 This theory holds that under Title VII, actionable sex discrimination occurs if one is …
