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Title VII and sexual orientation discrimination

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in Centerpiece,Discrimination and Harassment,Employment Law

For decades, employers assumed that Title VII of the Civil Rights Act’s sex discrimination prohibition didn’t include sexual orientation discrimination. That’s been changing – fast. First, a series of Supreme Court cases expanded Title VII to include other types of discrimination related to sex. Sexual harassment, sex stereotyping and sexually hostile work environment claims became common. Employers cannot pay one sex less, demand that one sex adhere to sex stereotypes or ignore a hostile work environment. But neither Congress nor the Supreme Court added sexual orientation discrimination or gender identity to the expanding list.

Then cities and states began passing laws banning sexual orientation discrimination in the workplace. Next, the EEOC expanded its working definition of workplace sex discrimination to include sexual orientation discrimination and gender identity. Test cases have now made their way to the U.S...(register to read more)

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