ABSTRACT

This chapter explains the concept of equal protection and how it is promoted by the Fourteenth Amendment and Title VII of the Civil Rights Act of 1964. It assesses the legal reasoning in court cases pertaining to law and sexuality, considering the strength of the arguments and their implications under the Equal Protection Clause. The trial court held that there had been no sexual harassment because there was no quid pro quo exchange; to the contrary, the victim had received several merit-based job promotions. The rational basis test works the same way for equal protection cases as it does for due process cases Minimal scrutiny and strict scrutiny are two opposing ends of a scale. In the area of gender, the US Supreme Court has made a number of rulings that have upheld equality between men and women. The Employment Non-Discrimination Act (ENDA) is a proposed piece of legislation that has been introduced in multiple sessions of Congress.