Last week, the Equal Employment Opportunity Commission (EEOC) issued an opinion ruling that sexual orientation discrimination on the job violates Title VII of the 1964 Civil Rights Act. In a 3-2 vote, the EEOC concluded that sexual orientation discrimination is a form of explicitly forbidden “sex” discrimination.
The EEOC’s view on sexual orientation is counter to several circuit courts. These courts have found that sexual orientation is not among the enumerated list of prohibited bases for employment action under Title VII. The EEOC calls these decisions “dated” and notes that some of them have been undermined by subsequent proceedings recognizing that gender stereotyping, including gender stereotypes evidenced by comments about the proper roles of men and women, is prohibited sex discrimination. The EEOC concluded that “‘sexual orientation’ as a concept cannot be defined or understood without reference to sex.”
It remains to be seen whether federal courts will adopt the EEOC’s rationale. The EEOC’s position on the scope of Title VII is considered to be persuasive, but not binding, authority on the courts.
The opinion can be found here: http://www.eeoc.gov/decisions/0120133080.pdf