I don't think this has received much attention but the EEOC has ruled, 3-2, that Title VII of the 1964 Civil Rights Act forbids sexual orientation discrimination on the job because it’s a form discrimination based on sex. Their logic goes something like this:
Sexual orientation discrimination is sex discrimination because it necessarily entails treating an
employee less favorably because of the employee's sex. For example, assume that an
employer suspends a lesbian employee for displaying a photo of her female spouse on her desk, but does not suspend a male employee for displaying a photo of his female spouse on his desk. The lesbian employee in that example can allege that her employer took an adverse action against her that the employer would not have taken had she been male. That is a legitimate claim under Title VII in that sex was unlawfully taken into account in the adverse employment action.
While a laudable decision in terms of it's effect, the logic behind it is rather bizarre--not to mention the fact that it distorts the clear and intended meaning of the statute.
https://www.washingtonpost.com/news...mination-is-sex-discrimination-says-the-eeoc/
Sexual orientation discrimination is sex discrimination because it necessarily entails treating an
employee less favorably because of the employee's sex. For example, assume that an
employer suspends a lesbian employee for displaying a photo of her female spouse on her desk, but does not suspend a male employee for displaying a photo of his female spouse on his desk. The lesbian employee in that example can allege that her employer took an adverse action against her that the employer would not have taken had she been male. That is a legitimate claim under Title VII in that sex was unlawfully taken into account in the adverse employment action.
While a laudable decision in terms of it's effect, the logic behind it is rather bizarre--not to mention the fact that it distorts the clear and intended meaning of the statute.
https://www.washingtonpost.com/news...mination-is-sex-discrimination-says-the-eeoc/