According to a decision by the U.S. Equal Employment Opportunity Commission on July 16, 2015, Title VII applies to and prohibits discrimination based on sexual orientation. According to the EEOC, sexual orientation bias is “associational discrimination” on the basis of sex and thus prohibited by Title VII when an employee in a same sex relationship or with same sex orientation is the subject of discrimination. The ACLU characterized this decision as “monumental” and says that employees can now pursue charges of sex discrimination with the EEOC based on alleged discrimination due to sexual orientation or gender identity, in addition to transgender status.
For more information, please contact Stephen E. Brown.