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Paul Millus Authors, "Congress be Damned-Full Speed Ahead"

Mar 1, 2016Employment Law

How does the federal government get around the fact that Title VII does not provide protections against discrimination based on sexual orientation? It calls such discrimination something else, namely, unlawful gender bias. Today, March 1, 2016, the EEOC filed two separate lawsuits in federal courts in Pennsylvania and Maryland, accusing two companies of violating Title VII protections against "gender bias" in connection with underlying sexual orientation discrimination allegations. The EEOC's argument is that these protections extend to sexual orientation, as well as gender. Clearly, federal law lags well behind those states and municipalities that recognize that protection should be afforded workers on the basis of sexual orientation. However, one has to ask in light of the EEOC's action, who needs Congress anymore?