EEOC: Sexual Orientation Discrimination Barred by Title VII

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 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.

Flirting at Work?

secret    Workplace flirting is not rewarded even in environments where it is encouraged, according to this interesting article on a recent study of law firms. On a related note, our experience in representing both the harassed and those accused of harassing, in both the federal and private sector, is that there remain a large number of managers–even at very high levels–who consider their position of power a license to sexually harass those working for them.

    Gentlemen: a good rule of thumb is that if you would not act that way at work if your mother or sister or wife were present, then you probably shouldn’t act that way in their absence either. An old standby alternative is, “How would what I’m doing look if covered on the front page of the Washington Post?”