Over the past few years, we have seen a seismic shift as discriminatory barriers against gay people have crumbled when faced with increased societal acceptance and understanding. The elimination of these barriers is not limited to groundbreaking precedent, most notably Obergefell v. Hodges,1 that recognizes the equal dignity of same-sex relationships. It also includes less noticed, but equally significant, legal developments, including the U.S. Equal Employment Opportunity Commission’s (EEOC) recent decision in Baldwin v. Foxx, where the commission held that “[s]exual orientation discrimination is sex discrimination because it necessarily entails treating an employee less favorably because of the employee’s sex.”2 That ruling provides critical protections against discrimination for lesbian, gay, and bisexual workers. (In 2012, the EEOC issued a ruling recognizing that discrimination against transgender people is sex discrimination.).3

For advocates for the full recognition of the civil rights of lesbian, gay, bisexual, and transgender (LGBT) people, it is incumbent to communicate to the legal community at large as well as to gay people, and employers in particular, that discrimination on the basis of sexual orientation is unlawful under Title VII. Under Title VII, it is illegal for any employer to “fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s…sex.”4

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]