EEOC Rules “Sexual Orientation” Within Definition of “Sex” for Purpose of Civil Rights Act of 1964

The Compensation Times

In a decision issued July 16, 2015, the United States Equal Employment Opportunity Commission (EEOC) ruled that claims of lesbian, gay and bisexual individuals may be brought to the EEOC under the provisions of Title VII of the Civil Rights Act of 1964, which prohibits employers from relying upon sex based considerations or taking gender into account when making employment decisions. While the decision came in the context of a Federal government employee complaint, the Commission notes that the language applicable to the private sector is essentially the same, suggesting it would apply the same logic.  The 3-2 decision, in apparent conflict with the rulings of many of the Federal Circuit Courts of Appeals, does not purport to create a separate class of individuals to be protected, but instead concludes that:

[S]exual orientation is inherently a “sex-based consideration,” and an allegation of discrimination based on sexual orientation is necessarily an allegation…

View original post 925 more words

About Edmund B. Ura

Edmund B. Ura, MAIR, JD, works with governing boards, executives and human resources staff to develop methodologies for ensuring fair and equitable compensation programs that support achievement of organizations' missions. Contact Ed at ebura@mercesconsulting.com.
This entry was posted in Communications, Compensation, FQHC Board Advice, Organization, Staffing, Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s