Randall Coffey's article "LGBT Bias has the EEOC and Courts Talking About 'Sex'" was featured in Bloomberg BNA on December 30, 2015.
Although Title VII's provisions don't expressly bar discrimination based on sexual orientation and gender identity, the Equal Employment Opportunity Commission has issued federal-sector decisions recognizing protections for gay and transgender workers, and President Obama has prohibited LGBT discrimination by the federal government and federal contractors via Executive Order 13672.
Whether federal courts considering private-sector Title VII claims will accept the agency's broadened construction of discrimination "because of . . . sex" is uncertain. Coffey explored the topic in an interview with Bloomberg BNA following a panel discussion in Philadelphia co-sponsored by the American Bar Association's Commission on Sexual Orientation and Gender Identity.
In the article, Randall traces the recent evolution of Title VII jurisprudence as questions surface on whether "sex" discrimination encompasses LGBT-related bias in the private-sector workplace.
To read the full article, please visit Bloomberg BNA.
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