In a recent ruling, the EEOC concluded that alleged discrimination against a gay man— because he was gay—constitutes a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964, a federal law banning employment discrimination on the basis of certain protected characteristics. In so doing, the EEOC departed from several early court rulings on this issue, but built on a more recent trend and captured more contemporary thinking about the nature of sexual orientation discrimination.
Joanna L. Grossman,
Based on Sex: The EEOC Rules That Sexual Orientation Discrimination Is Sex Discrimination Verdict
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/998