On July 18, 2015, the Equal Employment Opportunity Commission (EEOC) decided that Title VII’s prohibition on sex discrimination extends to discrimination based on an individual’s sexual orientation. This decision overturns past EEOC decisions, but is in line with recent guidance provided by the EEOC.
The 3-2 majority followed logic similar to that used by the EEOC in deciding that discrimination based on transgender status is also prohibited under Title VII’s prohibition on sex discrimination. The argument used by the EEOC is as follows: (1) “Discrimination on the basis of sexual orientation is premised on sex-based preferences, assumptions, expectations, stereotypes, and norms,” therefore, (2) “allegations of sexual orientation discrimination involve sex-based considerations.”
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