Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of individuals’ race, color, religion, sex, or national origin.
Notice anything missing? Matthew Simpson from Fisher Philips did, and here’s what he had to say.
In the 53 years since the Act was signed into law, social movements have added some unforeseen legal complications. Specifically, over the past couple years—following the legalization of same-sex marriage in the US—courts have been grappling with the “sex” provision: Does “sex” cover sexual orientation and gender expression? Do Title VII’s protections extend to claims of discrimination on the part of LGBTQ employees?
The answer to both questions is a resounding “yes,” according to a recent Circuit Court of Appeals decision. In “A Dealership’s Guide To Sexual Orientation Discrimination In The Workplace,” Simpson wrote:
“[I]n early April, the 7th Circuit Court of Appeals (Illinois, Indiana, and Wisconsin) became the first federal court of appeals in the nation to rule that sexual orientation claims are actionable under Title VII. This development opens the door for LGBT plaintiffs to use Title VII to seek relief for allegations of employment discrimination and retaliation.”
So, what does this mean for your dealership? Click here to read Fisher Phillips’ guidance on sexual orientation discrimination, or visit fisherphillips.com.
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