EEOC: sexual orientation now a protected class under Title VII

by federal law, discriminating against an individual on the basis of sexual orientation for employment purposes is illegal. In its ruling in Complainant v. Foxx, the EEOC stated, “Indeed, we conclude that sexual orientation is inherently a ‘sex-based consideration,’ and an allegation of discrimination based on sexual orientation is necessarily an allegation of sex discrimination under Title VII.” The ruling was decided by a 3-2 vote. While employers could appeal the decision and attempt to get the Supreme Court’s take on the ruling, other federal courts are generally take the lead from the EEOC’s “highly persuasive” rulings. “When an employee raises a claim of sexual orientation discrimination as sex discrimination under Title VII, the question is not whether sexual orientation is explicitly listed in Title VII as a prohibited basis for employment actions,” the decision continued. “It is not. Rather, the question for purposes of Title VII coverage of a sexual orientation claim is the same as any other Title VII case involving allegations of sex discrimination — whether the agency has ‘relied on sex-based considerations’ or ‘taken gender into account’ when taking the challenged employment action.” This decision from the EEOC comes quickly on the heels of the Supreme Court’s decision to make same-sex marriage legal by federal law, as well as the Department of Defense’s decision to update its own anti-discrimination policies to protect gay, lesbian and bisexual service members.]]>

You May Also Like

Check out these additional posts from Mind Your Business.

Is the National Criminal Database Search Enough?

When conducting a background check, the first step is often searching the National Criminal Database. Also known as the Multi-State or the National Search, this search type pulls information from thousands of databases and jurisdictions. It is often the cheapest option and commonly mistaken as the “all-inclusive” background check. Many companies unknowingly rely on only…
Read More

FYI FRIDAYS: What is Live Scan Fingerprinting?

We were able to announce earlier this month that we would offer live scan digital fingerprinting to our clients. MYB has been conducting name-based background checks for over 24 years. This natural progression will allow us to service more industries and provide an all-inclusive background screening service.  It is important to dive further into the…
Read More

Mind Your Business, Inc. Announces Convenient Fingerprinting Program Solutions

Extensive nationwide live scan fingerprinting services provides streamlined solution for MYB customers  March 1, 2021 Hendersonville, N.C. — Mind Your Business, Inc. (MYB), a worldwide leader in background screening, drug testing, EEO investigations, and administrative services is excited to announce the introduction of extensive fingerprinting services to its repertoire of core capabilities. This new service offering will…
Read More

Quality and Precise Results, On Time!

Let us know about your screening needs to get a custom quote. We work with businesses big and small as well as the government. Which means we have a package of solutions for your organization as well.