Gender Inclusion in Title VII and Equivalence to Sex
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Gender Inclusion in Title VII and Equivalence to Sex
The Civil Rights Act of 1964 includes title VII which prohibits discrimination in employment or the workplace based on national origin, race, religion, color, and sex. Sex is defined as the distinction of an organism as a male or female. Biologically, sex is distinguished from the biological functions of a male organism and a female organism, judging from their reproductive systems compilation. Gender, on the other hand, refers to the societal and cultural meaning of the man and woman. Gender is a way in which the society defines the male and female, and the categorized roles which the two plays in the community. Chapter VII only talks of the avoidance of workplace discrimination based on sex, which, however, is the definition of male and female in consideration of their biological compilation. In the workplace, the roles of men and women should also be considered as they might become the basis of discrimination depending on the roles outlined for the male or female. Additionally, gender refers to the social construct of acting masculine or feminine, while sex refers to the biological characteristics of a male or female, like having reproductive organs. The equivalence of gender and sex is that a male is expected to act masculine and be a man in society, while a female, on the other hand, is feminine through having the women characteristics in the community. I believe that gender should be included in Title VII rather than the mention of sex alone and that there is a significant similarity between gender and sex.
From Title VII under the forms of discrimination, there is no mentioning of gender. It can, however, be argued that the mentioning of sex is enough to carter for gender discrimination. According to Kaur (2015), however, there is a significant difference in the terms gender and sex discriminations. Gender discriminations entail the discrimination in terms of roles played by individuals in the society while sex discrimination involves the prejudices in terms of looking down upon a female or male concerning their sex, or the mistreatments to a particular individual because they are male or female. Kaur is a research scholar at Panjab University in India; therefore, an expert in matters gender and sex issues. The journal is also published under the Scholedge International Journal of Multidisciplinary & Allied Studies, 2, making it an authentic source. The evidence brought out from the source is clear that gender and sex discrimination are different; therefore, need for inclusion of gender in title VII to enhance the scope of the protection against discrimination to people at workplaces.
Mark, Garcia, and Fisher (2015), claim that the terms gender and sex usually are confusing in their use. There is always a thin line of difference in gender and sex, as they are both used in defining the variation of human beings. Gender is used as a social construct difference as brought out above while sex is a biological difference between male and female species. The argument by Mark et al. (2015) is that the equivalence of gender and sex is visible as they both talk of the men and women in society. Masculinity in gender is linked to the male sex, while feminine is linked to females. Therefore, gender equivalence is brought out by the source, as the males, are expected to act in a masculine manner while on the other hand, females in a feminine manner. The argument is authentic since it is derived from a peer-reviewed source, Canadian Journal of human sexuality, by the researchers in gender issues, thus experts in commenting on gender and sex matters. Mark et al. (2015) help in supporting the assertion earlier brought on gender and sex equivalence of the overall difference between men and women, both sexually and socially.
As initially argued by Kaur (2015), there is a difference in gender discrimination and sex discrimination, which leads to the need for inclusion of gender in title VII. Since gender discrimination refers mainly to the term used in identifying the bias in terms of the roles of women or men in a particular workplace while sex discrimination refers to the atrocities the men or women face due to their sex, including sexual harassment, gender discrimination is better included in title VII. However, Kaur (2015) further claims that gender discrimination and sex discrimination are terms used interchangeably. When talking of sex discrimination, Kaur (2015) argues that any kind of discrimination including in terms of roles and any forms of harassment due to the sexuality of an individual. On the other hand, gender and sex judging from their definitions are different. Gender and sex are terms that should not be used interchangeably; neither are they equivalent to each other. Gender is utilized in identifying the specific roles in which men and women are defined within the society when sex directly refers to the sexuality of an individual, the biological differences of males and females in the community. Mark et al. (2015) further confirm that gender is a social construct, making it extremely different to the concept of sex. However, regardless of the counterarguments on the similarity of gender discrimination and sexual discrimination, I still take my stand on inclusion of gender in title VII due to the extreme difference of gender and sex definitions on how the concepts are created.
As earlier brought out in the paper, title VII is available in the Civil Rights Act of 1964 of the United States. The act prohibits discrimination in employment or the workplace basing on national origin, race, religion, color, and sex of individuals. From the act, however, there is no mention of gender. The paper brings out the similarity and different views of gender and sex, as the mention of sex might have been used in the act, to refer to gender. However, there is a vast difference in the mentioning of gender in terms of discrimination and sex discrimination, leading to the argument that gender should be included in the act. The definitions of gender and sex are varied creating a vivid difference in the two concepts. It is, therefore, essential for gender inclusion in title VII, to ensure that there is a capturing of all the discriminations relating to gender and sex, rather than just using sex alone for both. There is, however, a contrary argument on the issue of gender and sex discrimination, as brought out by Mark et al. (2015), claiming that they are used interchangeably, and means the same kind of discrimination. Kaur (2015) also confirms that gender is a social construct of the perception of masculinity and feminine, while sex is a biological construct on difference of male and female reproductive abilities and organs.
References
Kaur, N. (2015). An Issue of Sex and Gender. *Scholedge International Journal of Multidisciplinary & Allied Studies, 2*(2), 1–5. Retrieved from search.ebscohost.com/login.aspx?direct=true&db=aph&AN=102106786&site=ehost-live
Mark, K. P., Garcia, J. R., & Fisher, H. E. (2015). Perceived emotional and sexual satisfaction across sexual relationship contexts: Gender and sexual orientation differences and similarities. *Canadian Journal of Human Sexuality, 24*(2), 120–130. doi.org/10.3138/cjhs.242-A8
GENDER INCLUSION IN TITLE VII AND EQUIVALENCE TO SEX
