MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Is sexual orientation discrimination prohibited by Civil Rights Act? Supreme Court says …

Rachel Mucha
by Rachel Mucha
December 15, 2017
3 minute read
  • SHARE ON

Several courts have been dealing with sexual orientation discrimination cases differently, and many were looking to the Supreme Court for a definitive answer.
But the Supreme Court just announced that it will not review a case that would have resolved the dispute over whether sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act.
While the Civil Rights Act prohibits discrimination based on gender, it says nothing about discrimination based on a person’s sexual orientation. But many plaintiffs have argued that sexual orientation is an extension of gender, therefore their employers violated the Civil Rights Act.

‘Not a protected class’

In Evans v. Georgia Regional Hospital, a security guard claimed she was harassed for not conforming to traditional, female stereotypes, and subsequently fired because of her sexual orientation. The court initially dismissed her case, ruling that “homosexuality is not a protected class under Title VII.” Evans took her case to the Eleventh Circuit Court of Appeals, which agreed only partly with the lower court.
The Eleventh Circuit said that there is a difference between sex discrimination and sexual orientation discrimination, and didn’t allow Evans to group those two things together. The court ruled that her harassment claim due to not conforming to female gender norms was protected under the Civil Rights Act, but her claim of being fired due to her sexual orientation was not a protected class.
Ultimately, the Eleventh Circuit held that the Civil Rights Act does not prohibit sexual orientation discrimination.

Seventh Circuit disagrees

One month later, the Seventh Circuit became the first federal court of appeals to decide that sexual orientation discrimination does violate the Civil Rights Act, stating, “it would require considerable calisthenics to remove the ‘sex’ from ‘sexual orientation’ when applying Title VII.”
While the Eleventh Circuit sees gender norms and sexual orientation as separate issues, the Seventh Circuit believes they are interwoven. With the Supreme Court not clarifying the issue, many are looking for guidance — and it does appear that a pattern is emerging with more rulings.

Two more wins

In October, Lampley v. Missouri Commission on Human Rights marked another win for the plaintiff. A gay employee argued that his boss discriminated against him because “his behavior and appearance contradicted the stereotypes of maleness held by his employer.” The court found that this type of discrimination is covered under the Civil Rights Act, stating that “an employee has a cause for action for sex stereotyping regardless of his or her sexual orientation.”
Another case reinforced this ruling. In EEOC v. Scott Medical Center, an employee was awarded $55,500 after a supervisor’s frequent anti-gay comments forced him to quit. The company had ignored the worker’s reports of harassment, and the court found this caused the employee emotional distress, and ultimately, the loss of his job.
This is particularly notable because it’s the first LGBT discrimination case that the EEOC has won.
The Supreme Court declining to weigh in on the issue keeps things up in the air for now, but more rulings seem to be going in the employees’ favor.
Because of this trend, you may want to review your harassment and discrimination policies and consider making sexual orientation a protected class.

Rachel Mucha
Rachel Mucha
Rachel writes about Human Resource management and has been a member of the HRMorning staff since 2017. She is a graduate of Ithaca College.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader