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The Federal Circuit made headlines when it affirmed the U.S. District Court for the Eastern District of Virginia’s holding that an artificial intelligence (AI) cannot qualify as an.
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On January 20, 2021, President Joe Biden signed the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The Executive Order explicitly extends the holding of
1 namely, that Title VII’s prohibition on discrimination “because of . . . sex” includes discrimination based on gender identity and sexual orientation to all federal laws prohibiting sex discrimination, including Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et seq.), the Fair Housing Act, as amended (42 U.S.C. 3601 et seq.), and Section 412 of the Immigration and Nationality Act, as amended (8 U.S.C. 1522). Because Title VII is limited to employment discrimination, it was unclear how the Supreme Court’s decision would be applied to other federal discrimination statutes that prohibit sex discrimination in other contexts. The Biden administration has now stated i