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Sexual Orientation Discrimination Is Not Prohibited by Title VII,... | Latest News

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race ... notion of 'sex' in mind when it voted to outlaw sex discrimination.…" In essence, sexual orientation did not legally equate to "sex" as a protected class as specifically ... read more

Sexual Orientation Discrimination Is Not Prohibited by Title VII, Eleventh Circuit Rules

citing to a 1979 Fifth Circuit decision as binding precedent that held “discharge for homosexuality is not prohibited by Title VII.” It also relied on a number of other circuit court decisions that held that sexual orientation discrimination is not ... read more

A Step Toward Protection From Sexual Orientation Discrimination Under Title VII

Omnicom, No. 16-748, 2017 WL 1130183 (2d Cir. 2017), declined to overrule its own precedent holding that discrimination on the basis of sexual orientation is not prohibited by Title VII of the Civil Rights Act of 1964. The three-judge panel ruled that it ... read more

Landmark Seventh Circuit Decision Holds Sexual Orientation Discrimination Prohibited by Title VII

Earlier this year, the Eleventh Circuit held that sexual orientation discrimination is not an actionable claim under Title VII. Title VII prohibits employment discrimination on the basis of an individual’s sex, race, color, religion or national origin. read more

According to the EEOC, Sexual Orientation Discrimination is Prohibited By Title VII

because sexual orientation discrimination is already prohibited by the New York Human Rights Law (“NYHRL”). However, because Title VII includes punitive damages and recovery of attorneys’ fees as potential remedies (and the NYHRL does not), it is ... read more

Ohio Judge Recognizes Sexual Orientation Discrimination Under Title VII

Judge Gwin agreed that this was discrimination based on ... attempt “to bootstrap protection for sexual orientation into Title VII” as prohibited by Vickers. The Court agrees with Koren: homosexual males do not “by definition, fail to conform to ... read more

Discrimination Based on Sexual Orientation is Sex Discrimination Prohibited by Title VII

Prior to these EEOC lawsuits, some federal courts have ruled that discrimination based on sexual orientation is sex discrimination. But there is far from a critical mass. Congress has not amended Title VII, and likely will not do so in the foreseeable ... read more

Q&A with Kristin Simpsen: Federal court finds Title VII forbids sexual orientation discrimination

Q: Tell us about the recent court of appeals decision regarding sexual orientation discrimination. A: Title VII of the Civil Rights Act of 1964 prohibits workplace ... has found that Title VII forbids sexual orientation discrimination. read more

Does Title VII Prohibit Sexual Orientation Discrimination?

On the other hand, because Title VII does not expressly outlaw discrimination based on "sexual orientation," courts have been reluctant to read such a prohibition into the law. This has led to mixed results, with many courts attempting to draw a fine line ... read more

Sexual Orientation Discrimination Is Not Prohibited by Title VII, Eleventh Circuit Rules

On March 10, 2017, the majority of a split Eleventh Circuit Court of Appeals panel affirmed a district court’s dismissal of a sexual orientation discrimination claim brought under Title VII of the Civil Rights Act of 1964. Evans v. Georgia Regional ... read more
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