Sexual Orientation Discrimination as a Form of Gender Discrimination

MJPC
December 28, 2020

For decades since the passage of Title VII of the Civil Rights Act of 1964, discrimination on the basis of sexual orientation was not considered a form of sex or gender discrimination. This unfortunately left many individuals, particularly lesbian, gay, bisexual, and transgender individuals open to discrimination and harassment in the workplace, including at federal agencies.

 

Many employment discrimination attorneys still argued that discrimination based on sexual orientation inherently required discrimination based on sex and achieved success in some federal courts. By 2015, the Equal Employment Opportunities Commission (“EEOC”) determined that claims of discrimination on sexual orientation are valid claims of sex discrimination under Title VII. Many federal courts, however, persisted in their disagreement with this view and sexual orientation discrimination cases were routinely dismissed in federal court for failure to state a claim.

 

In 2020, however, in Bostock v. Clayton County, the United States Supreme Court unequivocally ruled that sexual orientation discrimination is a form of sex discrimination under Title VII based on the plain, unambiguous meaning of the text, definitively expanding protection of the law to lesbian, gay, bisexual, and transgender individuals.

 

If you believe that you have been discriminated based your sexual orientation, the federal employee attorneys at Melville Johnson, P.C. are willing and able to assist you in protecting your rights. Give us a call today at 404-724-0000.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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