QUESTION :

Would discriminate against an employee because of their sexual orientation constitutes the prohibited discrimination 'because of sex' in employment within the meaning of Title VII of the Civil Rights Act of 1964 in Harris Funeral Home, Inc. v. EEOC ?

On one side, it is argued that at the time the law was enacted, those who drafted it did not contemplate sexual orientation/identity as part of the definition.

On the other side, it is argued that the terms of the statute have been expanded throughout the years to include several types of discrimination and that sexual orientation/identity is, in essence, a logical extension of the original statute.

Please advocate for both positions, remember that balance is important, essential present to good legal argument for both side then come to a conclusion.