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.

COVID-19 Screening

Plan for Success During COVID-19 Regulations

The economy is slowly reopening after COVID-19 closures, and many business owners are in unfamiliar territory. With the addition of new safety regulations, mounting consumer concerns, and the need to keep employees safe, businesses have huge hurdles to cross before they can reopen. According to the U.S. Chamber of Commerce, business owners need to “keep…
Read More

Business Myth Busters: Should you re-screen current employees?

One and done! For many companies, the initial onboarding background check conducted during the hiring process is the only screening their employees receive. A comprehensive background check is a wise investment before hiring new employees, but should you re-screen your employees later in their careers, too? Discover the truth behind re-screening services. Myth: The initial…
Read More
COVID-19 Screening

Protect Your Business and Employees with COVID-19 Screening

With COVID-19 dominating the headlines, safely managing a business is a priority for essential businesses and businesses looking to operate in the future. In response to the need for effective and efficient COVID-19 screening, MYB, Inc. now offers symptom screening services to protect businesses and employees. With over 24 years of experience, MYB, Inc. is…
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.