When opponents to Title VII of the Civil Rights Act of 1964, which turns 60 this month, added the word "sex" to the list of protected characteristics, they hoped it would tank the bill. These detractors were certain that this landmark legislation, which would boldly expand the rights and workplace protections of Americans on the basis of race, color, religion and national origin, would surely be doomed if this new and little-discussed form of protection was added. To their chagrin, the bill passed – and in the six decades since, that one word has proven to have a tremendous, positive impact particularly on the lives of women and members of the LGBTQ+ community in unexpected ways.

In 1964, there was virtually no legislative history of what the word "sex" was intended to mean. In fact, it had been added to the Civil Rights Act as an amendment so hastily that there was no serious discussion of how the word should be interpreted. That legacy has permitted the courts, including some members of the Supreme Court who subscribed to a textualist approach to the law, to interpret the word in ways that the legislators who added this protection may not have intended.