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Case Notes
EEOC Files Landmark Sexual Orientation Discrimination Charges
In May, The U.S. Equal Employment Opportunity Commission (EEOC) filed its first suits challenging sexual orientation discrimination as sex discrimination ' one has its origin in Pennsylvania and the other case originates from Maryland. In two separate lawsuits, the agency charges that a gay male employee and a lesbian employee were subjected to hostile work environments because of their sex.
In the two present charges, the agency filed suit in the U.S. District Court for the Western District of Pennsylvania against Scott Medical Health Center and in the U.S. District Court for the District of Maryland, Baltimore Division, against IFCO Systems. In its suit against Scott Medical Health Center, the EEOC charged that a gay male employee was subjected to harassment because of his sexual orientation: The 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 he 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, he quit rather than endure further harassment.
In its suit against IFCO Systems, the EEOC charged that a lesbian employee was harassed by her supervisor because the latter made numerous comments to her regarding her sexual orientation and appearance.
The EEOC's holding based on Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998) and other case law is straightforward ' Title VII prohibits discrimination on the basis of sex, including irrational sex stereotyping. The EEOC's views on the scope of Title VII are considered persuasive, but not a binding authority in litigation. Unfortunately, the EEOC's view that discrimination based on sexual orientation is sex-based discrimination already runs counter to several circuit courts. The thought that the agency's ruling will be as widely followed as its ruling concerning transgender discrimination may be misplaced. Over a 30-year time period, Congress has repeatedly refused to add “sexual orientation” to employment protections.
The EEOC fights for equality within the employment sphere and to that end it has heightened coverage of lesbian, gay, bisexual and transgender individuals under Title VII's sex discrimination provisions to one of six national priorities identified by the EEOC's Strategic Enforcement Plan (SEP). Not surprisingly, the next president will play a determining role in whether or not the EEOC's ruling has a broader impact. ' Angela Giampolo , Giampolo Law Group
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