loader
Page is loading...
generic_insight_detail

Court Invites EEOC’s Opinion on Whether Title VII Prohibits Sexual Orientation Discrimination


We recently updated you on the Zarda v. Altitude Express, Inc., case before the U.S. Court of Appeals for the Second Circuit. The Second Circuit granted en banc review of the plaintiff’s claim to consider whether Title VII prohibits discrimination on the basis of sexual orientation. Now the court has taken an additional step of inviting the Equal Employment Opportunity Commission (EEOC) to give its two cents. The EEOC is already on record in other courts arguing that Title VII covers sexual orientation discrimination. The agency has made the argument that sexual orientation is really just a form of sex discrimination because those who discriminate are making sex stereotypes that men should only be attracted to women and vice versa. The EEOC also has argued that sexual orientation discrimination is a form of associational discrimination – which is already a Title VII violation for other protected classes such as race – as homosexuals are being discriminated against based on who they choose as a partner. The EEOC’s position on this important issue is already well established, and the fact that the Second Circuit sought out the agency’s opinion could be an early sign that the Second Circuit will join the U.S. Court of Appeals for the Seventh Circuit in holding that Title VII prohibits discrimination based on sexual orientation.


LEAVE YOUR COMMENT

RELATED ARTICLES

Illinois EPA Amendment Lowers Standard For Discrimination Claims

August 8, 2019 | Currents - Employment Law, Employment Discrimination

Divided SCOTUS Affirms Auer Deference to Agencies’ Interpretations

July 3, 2019 | Currents - Employment Law, Supreme Court Watch

Misidentification of Employer in Discrimination Charge Not Enough for Dismissal

June 14, 2019 | Currents - Employment Law, Employment Discrimination

Don't Assume That One-Size-Fits-All Employment Policies Work Everywhere

April 5, 2019 | Currents - Employment Law, Workplace Culture and Conduct

New Illinois #MeToo Legislation Targets Sexual Harassment in the Workplace

April 3, 2019 | Currents - Employment Law, Workplace Culture and Conduct, Employment Discrimination

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
Civil Rights Act
Discrimination
Employment Law
sexual orientation
Title VII
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.