EEOC: Sexual Orientation Discrimination Barred by Title VII

eeoc.logohead

 In a July 16, 2015 decision involving a federal employee, the EEOC has held that the existing Title VII prohibition on discrimination based on “sex” applies equally to claims of discrimination based on sexual orientation. The decision sets out detailed reasoning for the Commission’s conclusion, which is contrary to the view of a number of federal courts. It also is contrary to the procedures of many federal agencies, which have handled sexual orientation claims under different processing rules than for ones based on gender.

Look for the Supreme Court ultimately to decide this  question. In the meantime, opponents of such discrimination are lobbying to get Title VII amended so such a decision would become unnecessary, due to explicitly adding sexual orientation as one of the barred considerations for making employment decisions.

EEOC’s decision can be accessed here: https://s3.amazonaws.com/s3.documentcloud.org/documents/2167512/complainantvfoxx.pdf.

You may contact David at 800-892-1506 ext. 1 or DavidS@ThisLawFirm.com if you have a federal employee claim (nationwide) involving discrimination issues or are a Texas employer with related questions.

How to lose a case in 10 days

If you are one of the rare clients or attorneys who want to lose your case, a recent decision in a federal employee discrimination suit provides valuable direction:

1.  Seriously fail to comply with the court’s rules–don’t settle for technical violations.

2.  Don’t cite to specific evidence in the record when you are fighting summary judgment.

3.  Avoid citing cases that apply to the particulars of your case–reference only very general principles.

4.  Fail to ask to correct your errors when noted in your opponent’s reply brief.

5.  Most of all, treat judges “like pigs, hunting for truffles”–don’t you dare direct them to your case’s strong points.

The case is RODRÍGUEZ-MACHADO v. SHINSEKI, ___ F.3d ___ (1st Cir. Nov. 21, 2012).  Worth a read.