Equal Employment Opportunity Commission Rules LGBT Employees Are Protected from Job Discrimination
Equal Employment Opportunity Commission Rules LGBT Employees Are Protected from Job Discrimination
The Equal Employment Opportunity Commission (EEOC) recently ruled that Title VII of the Civil Rights Act protects the LGBT community from workplace discrimination. In a 3-2 vote, the EEOC determined that the landmark legislation, which prohibits employers from discriminating against their employees on the basis of sex, also forbids sexual orientation discrimination.
Sexual orientation discrimination is also sex discrimination because it is associational discrimination on the basis of sex, reads the opinion. That is, an employee alleging discrimination on the basis of sexual orientation is claiming that his or her employer took his or her sex into account by treating him or her differently for associating with a person of the same sex.
The decision stems from a complaint filed by Anthony Foxx, an air traffic control agent from Florida, who believed he was passed over for a promotion because of his sexual orientation. After investigation, the EEOC concluded that Foxx had been discriminated against because he was gay.
EEOCs sexual orientation discrimination ruling applies to federal employees claims against the government, as well as private sector employment discrimination. Despite counter rulings by several other circuit courts, last weeks decision could prove a major step in outlawing discrimination against LGBT people in general. This ruling follows an EEOC decision made in 2012 that declared discrimination based on gender identity was sex discrimination, which has become widely accepted by federal courts.
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This decision is vital in creating a safe workplace environment for LGBT folks. After the Supreme Court ruling this past June that legalized same sex marriage, many assumed that the LGBT communitys fight for equality had come to an end. However, in many states people can be denied credit, evicted from their apartments, and refused hotel rooms based on their sexual orientation.
http://feminist.org/blog/index.php/2015/07/23/equal-employment-opportunity-commission-rules-lgbt-employees-are-protected-from-job-discrimination/