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Week #7 Learning Activities - Essay Example

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I do not agree with the federal appeals court ruling regarding the former Eastern Airline pilot because I believe that Title VII should have a broad application of the concept of “sex,” especially now that sex is determined as not only a biological component (some rejecting…
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Week #7 Learning Activities
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Download file to see previous pages Sex” should not only be about the biological differences between male and female because of instances where such differences are not clearly determined. An example would be people who have Gender Identity Disorder, where people feel “a disjunction between ones sexual organs and sexual identity” (Bible 3) and people who are born with two or no sex organs, so they are free to choose between the two. With the existence of vague sexual identity because of biology, the law must consider gender identity and sexual orientation as part of “sex” too. Gender is based on the belief that sex is socially produced.
Gender identity, in addition, even sexual orientation, can also be seen as a process for people who are undergoing sex changes or experiencing sexual identity confusion. If people are unsure of their gender or sex, then they must be free to determine it, or even be free to have an open gender, if that is acceptable to them. Society, in turn, should not limit their rights and freedoms, simply because their gender identity is floating or more fluid than the fixed notions of masculinity and femininity (which should not be fixed at all).
Finally, “sex” should also be a decision for one’s gender identity outcomes. As in the case of Eastern Airline pilot, Ulane should not be discharged because of changes in her gender identity. She deserves to work and to be respected and accepted by society like others, whatever her gender identity is.
Nonetheless, since such an open interpretation of “sex” is not yet socially or legally accepted and applied, I believe that Ulane can still use same-sex discrimination as a basis for her claims, like what happened to Smith V. City of Salem. Ulane can claim sexual discrimination for not fitting into gender stereotypes, where she can argue that she experienced sexual discrimination, since only male pilots are more accepted in Eastern than female pilots, and where, by being transsexual, he is discriminated because he is ...Download file to see next pagesRead More
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