by Jennifer B. Scheu, Esq., Bond Schoeneck & King, New York City
There are many protected categories under federal employment discrimination laws, but none of them mention “sexual orientation” as a protected category. Versions of the Employment Non-Discrimination Act (ENDA), which would explicitly prohibit employment discrimination on the basis of sexual orientation, have been introduced in almost every session of Congress since 1994. However, the legislation has never passed both houses and been sent to the president’s desk for signing.
But now, the EEOC has come out with a declaration that federal legislation explicitly prohibiting employment discrimination based on sexual orientation is unnecessary because it is already prohibited under Title VII of the Civil Rights Act.
This is a new and important development in the ongoing efforts of activists to get discrimination protection for all workers, regardless of sexual orient...(register to read more)