On July 15, 2015, the Equal Employment Opportunity Commission (EEOC) issued a 17-page opinion letter which states that employment discrimination based on sexual orientation is forbidden under Title VII’s prohibition against “sex” discrimination. For those who want to read the letter, the relevant portion starts at page 5. While the EEOC’s interpretation of Title VII is not binding on the courts, many of which have ruled in the past (wrongly, in my opinion) that Title VII does not prohibit discrimination based on sexual orientation, this new opinion may be just the spark needed to encourage discrimination lawyers to aggressively pursue this matter until it is ultimately decided by the U.S. Supreme Court. The EEOC’s opinion on this matter seems obviously correct, given one particular precedent by the U.S. Supreme Court, so I’m kind of surprised that it’s taken so long for this battle to be ignited again. It’s about time for all federal and state courts to acknowledge that sexual orientation discrimination is already prohibited under Title VII.
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