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DOJ says that North Carolina has engaged in sex discrimination, because, in DOJ's view, “sex” includes “gender identity.”The government's interpretation of that word — “sex” — has broadened significantly since Title VII's passage.
Indeed, the Equal Employment Opportunity Commission, the federal agency created by Title VII and vested with primary enforcement authority for the statute, initially understood “because of sex” to mean no more than overt disadvantages to women in favor of men, and showed no interest in enforcing the provision at all.
Although Smith was, incongruously, a longtime supporter of the Equal Rights Amendment, his jocular tone during much of the floor debate on the sex amendment suggested that he was less than serious about winning its adoption. Justice Department did North Carolina a favor when it warned the state that it was violating federal law by limiting the access of transgender people to restrooms in public schools and state buildings. Justice Department did North Carolina a favor when it warned the state that it was violating federal law by limiting the access of transgender people to restrooms in public schools and state buildings.
(Historians have come to believe that Smith likely was sincere, if only because he feared that an employment rights bill that protected against race but not sex discrimination would place white women at a disadvantage in the workplace.) The amendment ultimately passed, but not without a good deal of bemused commentary from House members — only 12 of whom were women — at the notion that women should stand on equal footing in the workplace. But instead of moving to repeal its discriminatory “bathroom bill,” the state is doubling... But instead of moving to repeal its discriminatory “bathroom bill,” the state is doubling...