{"id":51771,"date":"2015-07-17T08:20:13","date_gmt":"2015-07-17T14:20:13","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/2015\/07\/17\/the-eeoc-rules-that-sexual-orientation-discrimination-is-already-illegal.html"},"modified":"2015-07-25T13:25:08","modified_gmt":"2015-07-25T19:25:08","slug":"the-eeoc-rules-that-sexual-orientation-discrimination-is-already-illegal","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2015\/07\/17\/the-eeoc-rules-that-sexual-orientation-discrimination-is-already-illegal.html","title":{"rendered":"The EEOC rules that sexual orientation discrimination is already illegal"},"content":{"rendered":"

In a 3-2 decision, the Equal Employment Opportunity Commission — which oversees federal discrimination actions — says that workplace discrimination on the basis of sexual orientation is covered by the Civil Rights Act of 1964's Title VII, barring discrimination based on sex.<\/p>\n

Which, after a moment of thinking, makes sense. If you decide to fire a John because he's dating Bob, but wouldn't fire Susan if she were dating Bob, then you're treating John differently from Susan _based on John's sex._<\/p>\n

Now, that said, this merely means that the EEOC will now bring discrimination suits in court based on this decision. It will remain for the federal courts to agree.<\/p>\n

One interesting note is the reference in the decision to the 1998 SCOTUS ruling in Oncale v. Sundowner Offshore Services, Inc.,<\/i> which extended Title VII protection even against harassment by the same sex. (It was a unanimous decision, with the opinion written by Scalia of all people.):<\/p>\n

'We see no justification in the statutory language or our precedents for a categorical rule excluding same-sex harassment claims from the coverage of Title VII. As some courts have observed, male-on-male sexual harassment in the workplace was assuredly not the principal evil Congress was concerned with when it enacted Title VII. But statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed. Title VII prohibits "discriminat[ion] … because of … sex" in the "terms" or "conditions" of employment. Our holding that this includes sexual harassment must extend to sexual harassment of any kind that meets the statutory requirements.'<\/i> <\/p>\n

It's an odd thing for a so-called originalist like Scalia to write, but there it is, and it seems to provide a clear justification for this EEOC ruling.<\/p><\/blockquote>\n

\n
\n
\n<\/a>
\nSexual Orientation Discrimination Is Barred By Existing Law, Federal Commission Rules<\/a><\/span>
\n“[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex” barred by the Civil Rights Act of 1964, the Equal Empl…\n<\/p><\/blockquote>\n

View on Google+<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

In a 3-2 decision, the Equal Employment Opportunity Commission — which oversees federal discrimination actions — says that workplace discrimination on the basis of sexual orientation is covered by the Civil Rights Act of 1964's Title VII, barring discrimination based on sex. Which, after a moment of thinking, makes sense. If you decide to fire … Continue reading “The EEOC rules that sexual orientation discrimination is already illegal”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[106,21,25,9],"tags":[],"class_list":["post-51771","post","type-post","status-publish","format-standard","hentry","category-plusposts","category-job-jollies","category-gay-stuff","category-politics-law"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":133211,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/04\/05\/seventh-circuit-rules-that-title-vii-prohibits-job-discrimination-against-gays.html","url_meta":{"origin":51771,"position":0},"title":"Seventh Circuit rules that Title VII prohibits job discrimination against gays","author":"***Dave","date":"Wed 5-Apr-17 7:21am","format":false,"excerpt":"The full panel ruled, 8-3, that the employers of the woman in question violated Title VII of the Civil Rights Act of 1964. (In so doing, it overturned an earlier 3-judge panel on the Circuit, as well as lower courts).Title VII doesn't address sexual orientation per se, and Congress has\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":138656,"url":"https:\/\/hill-kleerup.org\/blog\/2019\/04\/22\/scotus-takes-on-lgbtq-employment-and-title-vii.html","url_meta":{"origin":51771,"position":1},"title":"SCOTUS takes on LGBTQ employment and Title VII","author":"***Dave","date":"Mon 22-Apr-19 7:00pm","format":false,"excerpt":"Is LGBTQ discrimination actually sexual discrimination? (I think so.)","rel":"","context":"In "Civil Liberties"","block_context":{"text":"Civil Liberties","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/civil-liberties"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2016\/02\/p_30stk_supreme_court_1406125B15D.JPGimgmax%3D660.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2016\/02\/p_30stk_supreme_court_1406125B15D.JPGimgmax%3D660.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2016\/02\/p_30stk_supreme_court_1406125B15D.JPGimgmax%3D660.jpg?resize=525%2C300&ssl=1 1.5x"},"classes":[]},{"id":133962,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/07\/26\/the-trump-justice-dept-argues-the-civil-rights-act-doesnt-cover-homosexuals.html","url_meta":{"origin":51771,"position":2},"title":"The Trump Justice Dept. argues the Civil Rights Act doesn't cover "homosexuals"","author":"***Dave","date":"Wed 26-Jul-17 11:14pm","format":false,"excerpt":"Because as long as you're throwing transgender people under the bus, why not argue that there is no legal protection for sexual orientation?One of the legal developments over the last several years (i.e., under the Obama Administration) was the argument that discrimination based on sexual orientation was a form of\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":39576,"url":"https:\/\/hill-kleerup.org\/blog\/2013\/11\/05\/the-us-catholic-bishops-and-enda.html","url_meta":{"origin":51771,"position":3},"title":"The US Catholic Bishops and ENDA","author":"***Dave","date":"Tue 5-Nov-13 2:50pm","format":false,"excerpt":"ENDA (the Employment Non-Discrimination Act) \u00a0is a proposed law that would make it illegal for nonreligious employers to discriminate in hiring and firing based on sexual orientation or gender identity. \u00a0That's pretty much it -- nothing weird or bizarre about the mechanisms involved (we have plenty of other non-discrimination laws),\u2026","rel":"","context":"In "Church & State"","block_context":{"text":"Church & State","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/church-state"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2013\/11\/not-persecuted.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":127506,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/08\/14\/cake-baker-is-still-guilty-of-unlawful-discrimination.html","url_meta":{"origin":51771,"position":4},"title":"Cake baker is (still) guilty of unlawful discrimination","author":"***Dave","date":"Fri 14-Aug-15 12:51am","format":false,"excerpt":"The Colorado Court of Appeals upheld (again) the ruling that a Lakewood baker who refused to bake a cake for a gay couple wanting to celebrate their (Massachussetts) wedding is guilty of discrimination under Colorado law.'The appeals court wrote that the Colorado Anti-Discrimination Act \"does not compel Masterpiece to support\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":39611,"url":"https:\/\/hill-kleerup.org\/blog\/2013\/11\/07\/bryan-fischer-is-a-dolt-enda-daze-edition.html","url_meta":{"origin":51771,"position":5},"title":"Bryan Fischer Is a Dolt (ENDA Daze Edition)","author":"***Dave","date":"Thu 7-Nov-13 10:47pm","format":false,"excerpt":"Oh, Bryan. It's been way too long since I'd engaged in faux dialog with you on one of your zany screeds. What've you got for me today? The rush is on for Congress to pass the Employment Non-Discrimination Act, which will, bizarrely, actually enshrine discrimination against values-driven businessmen everywhere in\u2026","rel":"","context":"In "Church & State"","block_context":{"text":"Church & State","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/church-state"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2013\/11\/Anti-Catholic_octopus_cartoon.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/51771","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=51771"}],"version-history":[{"count":1,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/51771\/revisions"}],"predecessor-version":[{"id":51934,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/51771\/revisions\/51934"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=51771"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=51771"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=51771"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}