Sexual Orientation Discrimination = Sex Stereotyping = Civil Rights Violation

According to the United States District Court for the Western District of Pennsylvania, “discrimination based on sexual orientation constitutes sex stereotyping prohibited by law.” See Order Denying Motion to Dismiss, Equal Employment Opportunity Commission v. Scott Medical Health Center PC, Case No.  2:16-cv-00225 (W.D. Pa. Nov. 4, 2016).

This comes on the heels of the Seventh Circuit Court of Appeals’ decision in Hively v. Ivy Tech Community College to review this issue en banc (i.e., to convene the entire court to consider whether sexual orientation discrimination violates Title VII, instead of the usual three judges).

We have previously written about this issue here: https://freedhoward.com/the-ivy-tech-decision-puts-sexual-orientation-discrimination-back-on-the-table-right-wrong/
Companies with more than 15 employees are advised to investigate and take corrective action under their sexual harassment policy when employees report discrimination in the basis of their sexual orientation.

If you would like to discuss how your business should handle complaints of this nature, please feel free to email us or call (470) 839-9300.

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