EEOC to American Employers and Workers: the Civil Rights Act of 1964 covers sexual orientation
There are multiple factors that an employer cannot use as a basis to discriminate against employees. Among those things, the Civil Rights Act of 1964 makes it illegal for one’s sex to be a basis. Recently, the United States Equal Employment Opportunity Commission provided clarification regarding what else falls under the umbrella of a sex discrimination allegation where federal employees are concerned. Specifically, the commission looked at discriminating against an employee based on his or her sexual orientation.
The case
The case was filed several years ago by a man working as a temporary federal air traffic controller. He claimed that his sexual orientation led to him being passed over for a permanent position. That initial complaint was deemed invalid for several reasons including the fact that Title VII of the Civil Rights Action of 1964 was not applicable to discrimination based on sexual orientation. The man appealed.
The ruling
On appeal, the commission determined that discrimination in the workplace based upon sexual orientation is in fact an allegation of sex discrimination and is therefore illegal under federal law. One of the reasons the Commission provides in its opinion is that it is impossible to discuss the concept of sexual orientation without first referencing sex, as in sexuality.
The impact
It is important to note that the Commission’s ruling pertains only to workplace discrimination and is not binding in federal courts. That said, when interpreting laws pertaining to workplace discrimination, it is not uncommon for federal courts to look to decisions made by federal agencies. Residents of New Jersey who do not work for the federal government already receive such protections, as there is a state law in place that prohibits workplace discrimination based on sexual orientation.
Conclusion
Employment law changes quickly. Anyone with an employment law concern should seek assistance from a law firm that devotes significant time to employment law issues for workers. If you have questions or concerns about anything relating to employment law, please call or write our firm. We will be happy to help you.