The EEOC Files Historic Lawsuits Testing Theory That Title VII Covers Discrimination Based On Sexual Orientation

As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination.

 

It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited sex-discrimination under Title VII of the Civil Rights Act of 1964.  On March 1, 2016, the EEOC put its proverbial money on the table and brought two lawsuits alleging sexual orientation discrimination.

 

These are novel, “first of their kind” lawsuits. Depending on one’s view, the EEOC either is trying to effectuate the policies underlying Title VII by seeking an expansive interpretation of the statute’s reach, or alternatively, using its powers to re-write the law and regulate employers through the threat of litigation. Clearly, employers need to take notice of this development, and monitor the course of these lawsuits.

 

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