EEOC: Discrimination based on sexual orientation in employment violates Title VII

Historic Decision by the EEOC

On July 16, 2015, the Equal Employment Opportunity Commission issued a decision holding that discrimination based on sexual orientation in employment violates Title VII. The entire 17-page opinion is available below, but here are some highlights:

" Title VII's prohibition of sex discrimination means that employers may not "rel[y] upon sex-based considerations" or take gender into account when making employment decisions. See Price Waterhouse v. Hopkins, 490 U.S. 228, 239, 241-42 (1989) . . . This applies equally in claims brought by lesbian, gay, and bisexual individuals under Title VII."
" Accordingly, we conclude that Complainant's allegations of discrimination on the basis of his sexual orientation state a claim of discrimination on the basis of sex within the meaning of Title VII. Furthermore, we conclude that Complaint's initial EEO counselor contact was timely. We remand the Complainant's claim of discrimination to the Agency for further processing to determine its validity on the merits."

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