EEOC Finds Sexual Orientation Discrimination is Prohibited Under Title VII

July 17

In a decision released this week, the EEOC found that existing law prohibits employment discrimination on the basis of sexual orientation.  See the opinion

Despite the EEOC’s position on the matter, the courts are not necessarily in agreement. EEOC decisions are not binding upon federal courts.  While courts have recognized the viability of “gender stereotyping” discrimination claims brought by gay and lesbian employees, they have not held that Title VII prohibits sexual orientation discrimination.  In an article published earlier this year, I addressed the current status of the law with regard to sexual orientation and transgender discrimination in the workplace.