In an important victory against employment discrimination, the Equal Employment
Opportunity Commission (EEOC) has determined that anti-gay discrimination
in the workplace constitutes a form of sex discrimination. In a recently
published opinion, the EEOC concluded in a 3-2 vote, that Title VII of
the 1964 Civil Rights Act forbids sexual orientation discrimination on
the job because it’s a form “sex” discrimination. Sex
discrimination is explicitly forbidden by Title VII. Three years ago the
EEOC also determined that gender identity discrimination fell into the
category of prohibited sex discrimination. Since that time, federal courts
have generally adopted the EEOC’s findings.
However, courts have had mixed views on whether discrimination based on
sexual orientation is prohibited by Title VII. The EEOC has called these
decisions dated, and asserts that the concept of sex discrimination has
evolved and is broad enough to encompass sexual orientation discrimination.
While the EEOC’s views are considered persuasive, they are not binding
authority on the courts.
As Atlanta anti employment discrimination lawyers, we are hopeful that
this ruling will be adopted by the courts and provide full protection
of gay men and lesbians from job discrimination throughout the United States.
For more information or if you believe you or a love one has been a victim
of employment discrimination please contact the experienced
Atlanta employment discrimination lawyers at the Buckley Law Firm, LLC.