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Is it the case that Title VII of the Civil Rights Act protects homosexual employees, or potential homosexual employees, who may be discriminated in the workplace? Is sexual orientation a protected class? What happens when an employer has an express policy against such discrimination? Does this enhance rights?
Expert Answer
Title VII of Civil Rights Act does not explicitly mention provision for protecting the homosexual or potential homosexual employees against discrimination at the workplace. The protection is there in terms of race, color, sex, religion, national origin, age, disability, and genetic information. But EEOC held that any discrimination against an individual due to that person’s sexual orientation is discrimination because of sex.Therefore, it will come under Title VII protection (Ref – David Baldwin v. Dep’t of Transportation, EEOC Appeal No. 120133080 (July 15, 2015)).
If the employer is having an express policy against sexual orientation discrimination, the right could be enhanced for the victims in that the commission will find a ground for establishing that the management is already aware of the severity and consequence of such discrimination and still the discrimination has happened.
