In a July 16, 2015 decision involving a federal employee, the EEOC has held that the existing Title VII prohibition on discrimination based on “sex” applies equally to claims of discrimination based on sexual orientation. The decision sets out detailed reasoning for the Commission’s conclusion, which is contrary to the view of a number of federal courts. It also is contrary to the procedures of many federal agencies, which have handled sexual orientation claims under different processing rules than for ones based on gender.
Look for the Supreme Court ultimately to decide this question. In the meantime, opponents of such discrimination are lobbying to get Title VII amended so such a decision would become unnecessary, due to explicitly adding sexual orientation as one of the barred considerations for making employment decisions.
EEOC’s decision can be accessed here: https://s3.amazonaws.com/s3.documentcloud.org/documents/2167512/complainantvfoxx.pdf.
You may contact David at 800-892-1506 ext. 1 or DavidS@ThisLawFirm.com if you have a federal employee claim (nationwide) involving discrimination issues or are a Texas employer with related questions.