Sexual Orientation Discrimination as a Form of Gender Discrimination

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.
Contact us today
If you're a federal employee and feel you've been the victim of unlawful discrimination involving MSPB claims or EEO claims, our experienced federal employment attorneys stand ready to fight on your behalf. Give us a call today at (404) 724-0000 or fill out the form below and we'll be sure to follow up in a timely manner.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
what our clients are saying
“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.
“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.
“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.
“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.