Two Federal Appeals Courts Rule That Title VII Provides Protection on Basis of Sexual Orientation and Gender Identity

Reversing decades of established case law, the U.S. Court of Appeals for the Second Circuit held recently in a 10 – 3 decision that workplace discrimination on the basis of an individual’s sexual orientation is a form of illegal discrimination “because of sex” under Title VII of the Civil Rights Act of 1964 (Title VII).

A week later, the Sixth Circuit Court of Appeals held in a separate case that gender identity discrimination not only is a form of prohibited sex stereotyping, but also is discrimination “because of” sex under Title VII. The Second and Sixth Circuits thus join the Seventh Circuit in extending coverage on the basis of LGBT status, while the Eleventh Circuit has declined to go that far.

Both rulings increase significantly the chances that the U.S. Supreme Court will step in to resolve the issue of whether Title VII in fact covers discrimination on the basis of sexual orientation and gender identity.

Members of the Center for Workplace Compliance (CWC) can read more here.