EEOC Rules that Existing Discrimination Laws Protect Sexual Orientation

Posted by Sean Cecil | Jul 17, 2015 | 0 Comments

In a ruling issued July 15, 2015, the Equal Employment Opportunity Commission has ruled that sexual orientation discrimination is prohibited by existing federal laws that forbid employment discrimination based upon sex. 

The ruling, which is only affects federal employee claims of discrimination, still has the potential to change policy nationwide- the EEOC is charged with enforcing various federal anti-discrimination laws, and investigators are assigned to cases of alleged employment discrimination in the workplace.  In some cases the agency actually pursues claims against employers on behalf of wronged workers. 

The EEOC's opinion regarding sexual orientation is contrary to the rulings of several circuit courts. Appellate court precedent states that sexual orientation is not among the list of prohibited bases for employment action, that Congress did not intend to eliminate anti-gay discrimination when it enacted Title VII, and that Congress has repeatedly refused to include sexual orientation to employment discrimination protections.

Only the United States Supreme Court can definitively end the question of whether workers will enjoy protection discrimination based upon their sexual orientation based on existing laws, but for now the executive branch has taken a big step in the right direction.

Here is a link to the full opinion.

About the Author

Sean Cecil

Sean is an experienced advocate dedicated to justice for all people. He believes that individual human rights outweigh the freedom to make an easy dollar.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Experienced and Successful

Edelstein & Payne has been dedicated to individual and workers' rights for over 30 years. Our attorneys have consistently been named on best lawyer and superlawyer lists, and have received numerous awards and recognitions for community contributions.

Dedicated to North Carolina Communities

With nearly 80 years of combined experience serving the working people of North Carolina, the lawyers at Edelstein & Payne have proven their dedication to justice for all people.