The Supreme Court held that same-sex harassment is sex discrimination under Title VII. Title VII of the Civil Rights Act of 1964 forbids an employer from firing someone because of their sexual orientation or transgender identity.Sexbased discrimination under Title VII includes employment discrimination based on sexual orientation or gender identity. The U.S. Supreme Court Finally Addresses Discrimination Against LGBTQ Employees: What the Court's Opinion Means and Where Employers Go From Here. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 PROHIBITS discrimination based on sex. Sex" applies to discrimination against lesbian, gay, bisexual, and transgender (LGBT) persons. Clark Cty. Sch. Dist. In the years since Price Waterhouse, two trends emerged. In addition, sexual orientation discrimination is a violation of Title VII of the Civil Rights Act of 1964. Clark Cty. Sch. Dist.