6 Things You Should Know About LGBT-Related Discrimination Claims
Title VII of the Civil Rights Act of 1964, as amended (Title VII), does not include "sexual orientation" or "sexual identification" as a protected category. Employers should know that this fact is a starting point, not an ending point, when it comes to LGBT-related discrimination claims. Here are six things every employer should know about these types of claims: 1. The EEOC already recognizes them : in 2012, the EEOC issued an opinion, binding on other federal agencies, wherein it decided that intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination based on sex. http://www.eeoc.gov/decisions/0120120821%20Macy%20v%20DOJ%20ATF.txt . 2. Sex discrimination based on gender stereotyping is a leading theory to support LGBT-related claims : more than twenty-five years ago, the United States Supreme Court recognized gender stereotyping as a form of sex...