LGBT advocacy groups have praised the ruling by the Equal Employment Opportunity Commission (EEOC) that discrimination based on sexual orientation violates existing civil rights regulations based on gender.
In a 2012 decision in Macy v. Holder, the EEOC determined that discrimination based on an individual’s gender identity is sex discrimination and thus constitutes a violation of the Civil Rights Act.
EEOC rulings are not binding on federal courts, however they are persuasive. This new decision continues an important trend in the development of case law. The Supreme Court has not yet ruled on this issue.
“The EEOC’s ruling put a federal stamp of approval on a long-held corporate best practice of including sexual orientation and gender expression in non-discrimination policies. By allowing workers to feel protected in the workplace, they are empowered to bring their best selves to the workplace, which increases productivity, raises performance levels, and retains top LGBT talent,” says NGLCC co-founder and president, Justin Nelson. “We hope to see state and local governments apply the same principles of inclusion to their workplace protection codes, resulting in a national Employment Non-Discrimination Act (ENDA) that would ensure the well-being of America’s diverse and innovative workforce.”
Hailing the historic ruling, HRC President Chad Griffin said, “Discrimination has no place in America, plain and simple. This historic ruling by the EEOC makes clear they agree workplace discrimination on the basis of sexual orientation, much like gender identity, is illegal. While an important step, it also highlights the need for a comprehensive federal law permanently and clearly banning LGBT discrimination beyond employment to all areas of American life. Such a law would send a clear and permanent signal that discrimination against LGBT people will not be tolerated under any circumstances in this country, and we remain fully committed to making that happen.”
