Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e et seq., does not prohibit discrimination on the basis of sexual orientation. In Smith v. Liberty Mutual Insurance Co., 569 F.2d 325
(5th Cir. 1978), the plaintiff had been denied employment in the mail room because the interviewing supervisor considered the applicant “effeminate.” The plaintiff attempted to bring a class action under Title VII on the theory that it prohibited discrimination based on sexual preference. The district...
