EEOC Sex Orientation Bias Suit Is Likely ‘Coming Soon’

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Bloomberg BNA
By Kevin McGowan
Feb. 24, 2016

It’s just a matter of time before the Equal Employment Opportunity Commission sues a private employer alleging that sexual orientation discrimination violates Title VII of the 1964 Civil Rights Act, EEOC Commissioner Chai Feldblum said Feb. 23.

The EEOC since fiscal year 2013 has been accepting and investigating charges filed by workers alleging sexual orientation discrimination as a form of unlawful sex bias under Title VII, even though no federal appeals court has ruled Title VII covers sexual orientation.

The agency also has ruled in federal employment cases that Title VII’s sex discrimination ban prohibits discrimination based on transgender status and sexual orientation. The EEOC has filed three lawsuits against private sector employees alleging they violated Title VII by discriminating against transgender workers.

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