It’s pop quiz time ! (A perk of professorship.) Is sexual orientation a protected classification under Title VII of the Civil Rights Act of 1964? The answer was once a “no.” But there were two November surprises that will likely start to change the answer to “yes.”
The first is a decision from a federal district court in Pennsylvania denying a Rule 12(b)(6) motion to dismiss a lawsuit asserting that sexual orientation discrimination is sex discrimination under Title VII. That case is EEOC v. Scott Medical Health Center. (E. D. Penn.)
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