February 11, 2016

Employment News Gender Discrimination Sexual Orientation Discrimination

Sexual Orientation Discrimination Illegal Under Title VII

In a groundbreaking turnaround, the EEOC has ruled that sexual orientation discrimination is illegal under Title VII, effectively declaring discrimination against the LGBT community unlawful in all 50 states. The EEOC had previously found that Title VII protected transgendered employees on the basis of gender identity, but this new ruling gives further protection, prohibiting any discrimination on the basis of sex, including sex stereotyping.

In a groundbreaking turnaround, the Equal Employment Opportunity Commission has ruled that sexual orientation discrimination is illegal under Title VII of the Civil Rights Act of 1964, effectively declaring discrimination against the LGBT community unlawful in all 50 states. The EEOC had previously found that Title VII protected transgendered employees on the basis of gender identity, but this new ruling gives further protection, prohibiting any discrimination on the basis of sex, including sex stereotyping.

What is sexual orientation discrimination?
Sexual orientation discrimination involves the mistreatment of a gay or lesbian employee because the employer, manager, or another employee dislikes the fact that the employee has a relationship with a member of the same sex. According to the EEOC, this discrimination is obviously sex-based and prohibited under Title VII.

Can an employer discriminate against an employee for acting too effeminate or “too butch?”
Gender stereotyping includes discriminating against a gay employee for acting effeminate or for discriminating against a lesbian employee for being “butch.” Any discrimination related to gendered behaviors qualifies as sex stereotyping. When an employee is found to object to an employee’s sexual orientation or certain gender stereotypes, he or she is discriminating based on sex.

Do the new guidelines apply to private companies?
The EEOC determination only applies to claims involving federal employees; however, the EEOC frequently represents employees of private companies. Under the new guidelines, sexual orientation discrimination is considered illegal which will give employees of private companies the right to file discrimination complaints.

Are lower courts bound by EEOC rules and guidelines?
Until the Supreme Court makes a final determination in sexual orientation discrimination and Title VII claims, lower courts may choose to accept or reject the EEOC’s interpretation of Title VII. In most cases, the guidelines are widely accepted by judicial authorities in lower courts.

What does this ruling change in Minnesota?
Private and public employees in Minnesota are already protected under the Minnesota Human Rights Act against sexual orientation discrimination. Under the MHRA, sexual orientation is defined as “having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one’s biological maleness or femaleness.”

Minnesota workers are entitled to bring claims for any unfair discriminatory employment practices. If you have suffered from sexual orientation discrimination, our attorneys want to hear from you. Call Wanta Thome PLC at 612-252-3570 or click here to contact us about your rights as an LGBT employee in Minnesota.