Advocates welcome ‘historic’ US ruling on workplace discrimination but urge for federal law
Advocates and campaigners for LGBT workplace inclusion have welcomed yesterday’s Equal Employment Opportunity Commission (EEOC) ruling in the US that that workplace discrimination against LGBT employees is barred under existing law.
However, many have said that it must be backed up by a federal law outlawing such discrimination completely.
The existing guidance cited by the EEOC is Title VII of the Civil Rights Act.
The EEOC considers anti-LGBT discrimination as being a form of discrimination based on sex. For example, a women who experiences discrimination because she is attracted to other women would be unlikely to face that discrimination if she were of the opposite sex; a man attracted to women.
‘We therefore conclude that Complainant’s allegations of discrimination on the basis of sexual orientation state a claim of discrimination on the basis of sex,’ states the ruling. ‘We further conclude that allegations of discrimination on the basis of sexual orientation necessarily state of claim of discrimination on the basis of sex.’
The full ruling can be read here.
Transgender employees are already protected by existing guidelines, following a ruling made in the case of Macy vs. Holder in 2013.
‘This landmark opinion from the EEOC confirms what we have long argued in our cases,’ said Greg Nevins, Counsel and Employment Fairness Strategist for Lambda Legal in a statement.
‘Discriminating against gay, lesbian and bisexual employees violates federal law. Given the clarity and logic of this opinion, most courts are likely to stop simply referring to old, illogical rulings about Title VII coverage.’
Chad Griffin, President of the Human Rights Campaign, agreed, saying, ‘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. We remain fully committed to making that happen.’
His sentiment was echoed by Rea Carey, National LGBTQ Task Force Executive Director.
‘This is another historic victory for LGBTQ people and their families … today’s decision is an enormous leap forward and will provide another important tool in the fight against employment discrimination and unemployment experienced by LGBTQ people.
‘We need to further attack the scourge of discrimination in a comprehensive manner – and while LGBTQ people may file employment discrimination cases with the EEOC, we still need more. We must push for legislation that provides clear and strong protections for all LGBTQ people in every area of life – from housing to health care.’
Tico Almeida
Tico Almeida, president of Freedom to Work, praised the decision to Washington Blade.
‘We applaud the EEOC’s historic determination that sexual orientation is inherently a sex-based consideration, and we encourage all gay men, lesbians and bisexual Americans who face harassment or discrimination on the job to consult an attorney and file Title VII sex discrimination claims with the EEOC.
‘It’s time for LGBT advocates to retire the incorrect talking point that gay Americans can get married at Noon and fired at 2:00 pm without legal recourse. That kind of unlawful firing falls clearly under Title VII’s ban on sex discrimination, and it is already illegal.’
Selisse Berry
‘We are pleased to see this positive ruling from the federal agency charged with ensuring equal employment opportunities for all Americans,’ said Selisse Berry, founder and CEO of Out & Equal Workplace Advocates.
‘With our community’s recent legal progress, it may seem to be getting easier to assume that equality means everyone, but without rulings such as this one, we’ve seen time and again that is not always the case.
‘We cannot forget that even with this positive step forward, LGBT Americans in 28 states can still be fired simply for being who they are. This ruling is one more mile marker on a longer journey that we must continue to take. This ruling should help to accelerate our progress, but we still have much more work to do.’
Justin Nelson
In a statement to Gay Star Business, Justin Nelson, co-founder of president of The National Gay & Lesbian Chamber of Commerce (NGLCC), said that his organization ‘applauds’ the ruling.
‘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.
‘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.’
Jon Hyman
Jonathan T. Hyman, Esq., Partner with Meyers, Roman, Friedberg & Lewis and expert in employment law, told Gay Star Business: ‘While Congress has been painfully slow to act on ENDA, the EEOC has picked up the slack. Indeed, for its 2014 fiscal year, the EEOC processed more than 1,000 charges alleging LGBT discrimination.
‘This decision makes clear that, in the opinion of the EEOC (and at least until federal courts tell us otherwise), LGBT discrimination equal sex discrimination. Employers that continue to discriminate on the basis of sexual orientation or gender identity do so at their own peril.’
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David Hudson
