Pa. Federal Court First to Rule That Sexual Orientation Discrimination Violates Title VII

“There is no more obvious form of sex stereo­typing than making a determination that a person should conform to heterosexuality.”

With those words, a federal district court judge in Pennsylvania has upheld the position of the Equal Employment Opportunity Commission that Title VII of the 1964 Civil Rights Act prohibits discrimination on the basis of sexual orientation.

The ruling paves the way for the commission to continue its lawsuit against Scott Medical Health Center on behalf of a gay employee allegedly subjected to harassment because of his sexual orientation. In this suit filed last March, the agency said that the male employee’s manager repeatedly referred to him using various anti-gay epithets and made other highly offensive comments about his sexuality and sex life. When the employee complained to the clinic director, the director responded that the manager was “just doing his job,” and refused to take any action to stop the harassment, according to the suit. After enduring weeks of such comments by his manager, the employee quit rather than endure further harassment.

“That someone can be subjected to a barrage of insults, humili­ation, hostility and/or changes to the terms and conditions of their employment, based upon nothing more than the aggressor’s view of what it means to be a man or a woman, is exactly the evil Title VII was designed to eradicate,” wrote U.S. District Judge Cathy Bissoon in her November 4 ruling.

Iits ruling, the court found that sexual orientation discrimination is a type of discrimination “because of sex,” which is barred by Title VII. Applying decisions of the U.S. Supreme Court’s finding that Title VII’s ban on sex discrimination includes adverse treatment of workers based on “sex stereotypes,” i.e. pre-conceived ideas of how a man or a woman should act or think, the federal court stated.

According to the EEOC, Title VII’s prohibition of sex discrimination includes discrimination because of sexual orientation because (1) sexual orientation discrimination necessarily involves treating workers less favorably because of their sex because sexual orientation as a concept cannot be understood without reference to sex; (2) sexual orientation discrimination is rooted in non-compliance with sex stereotypes and gender norms, and employment decisions based in such stereotypes and norms have long been found to be prohibited sex discrimination under Title VII; and (3) sexual orientation discrimination punishes workers because of their close personal association with members of a particular sex, such as marital and other personal relationships.

Read today’s announcement of the court’s ruling.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: