No Discrimination Based on Worker's Sexual Orientation

By Smiley, Elaina | Pittsburgh Post-Gazette (Pittsburgh, PA), August 25, 2015 | Go to article overview

No Discrimination Based on Worker's Sexual Orientation


Smiley, Elaina, Pittsburgh Post-Gazette (Pittsburgh, PA)


The Equal Employment Opportunity Commission has clarified that employees are protected under Title VII of the Civil Rights Act from workplace discrimination based on sexual orientation.

Title VII prohibits employers from discriminating against employees based on race, color, religion, sex or national origin. Many employers and employees have been unsure about workers' legal protection from discrimination based on sexual orientation because it's not specifically mentioned in Title VII.

Some courts have determined that discrimination based on sexual orientation is a form of sex discrimination and therefore covered by Title VII. Other courts, however, have refused to apply Title VII protection in cases involving sexual orientation, asserting that Congress did not intend to protect sexual orientation and has repeatedly refused to amend the law.

The EEOC clarified the matter in its recent opinion regarding an employee's complaint against the Federal Aviation Administration. The worker claimed that he was passed over for a promotion because he was gay, alleging that a manager had made discriminatory remarks such as "We don't need to hear any of that gay stuff. …

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No Discrimination Based on Worker's Sexual Orientation
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