The term "sex," as a protected category concerning discrimination, was included in the language of the Civil Rights Act by Congressman Howard "Judge" Smith.

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Congressman Howard W. Smith, a Democrat from Virginia, included "sex" as a protected category in the Civil Rights Act of 1964, reportedly as an attempt to derail the bill's passage, although it ultimately remained in the legislation and was passed.

The Term "Sex," as a Protected Category Concerning Discrimination, Was