Discrimination Based on Perceived Sexual Orientation??
The Situation: An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks. The employee is actually heterosexual and married to a man. But based on the supervisor’s conduct, other employees begin to actually think that the employee is gay and she begins to feel compelled to explain her sexual orientation. If the employee quits because of the alleged harassment, can she bring a claim under Title VII?…READ MORE
Federal Court Allows EEOC’s Sexual Orientation Discrimination Claim to Go Forward
The Situation: The EEOC has definitively targeted harassment and discrimination in the workplace based on sexual orientation, taking the position that sexual orientation is covered by Title VII. And back in March, the EEOC filed a lawsuit against an employer in Pennsylvania in one of the first lawsuits brought by the EEOC alleging sexual orientation as a form of sex discrimination in violation of Title VII (EEOC v. Scott Medical Center, P.C., Case No. 2:16cv00225 (W.D. Pa.). So what has the court decided about the claim asserted by the EEOC?…READ MORE
EEOC Rules– Sexual Orientation Discrimination Equals Sex Discrimination under Title VII
On July 15, 2015, the EEOC clarified that, at least for claims made against the federal government, all complaints of discrimination based on sexual orientation constitute sex discrimination claims under Title VII. Baldwin v. Foxx, Secretary, Dept. of Transportation, EEOC Appeal No. 0120133080. The case involved David Baldwin, an air traffic controller who filed an EEO complaint against the Federal Aviation Administration, claiming that he was subjected to discrimination on the basis of his sex and retaliation for his prior protected activity. Baldwin claimed that he was not chosen for a permanent position as a front line manager because he is gay, pointing to numerous negative comments made by his supervisor about his sexual orientation (like “we don’t need to hear about that gay stuff” in response to Baldwin talking about a trip with his partner and being told that he was a distraction when he talked about his male partner).…READ MORE
New Rule Prohibits Government Contractors from Discriminating Against Employees Based on Sexual Orientation and Gender Identity
On Wednesday, the Department of Labor announced a new rule aimed at protecting those working for government contractors from discrimination based upon their sexual orientation or gender identity. The new rule implements Executive Order 13672, which was signed by President Obama on July 21, 2014.…READ MORE