Those of us who are familiar with Federal-sector EEO processing know that EEOC has found that discrimination based on sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, despite the fact that Title VII does not explicitly include sexual orientation or gender identity in its list of protected bases. It articulates its reasons in the Baldwin v. Department of Transportation decision EEOC Appeal No. 0120133080 (July 15, 2015). The Department of Justice disagrees maintaining Title VII does not protect against sexual orientation or gender identity discrimination. The Supreme Court will be taking up this issue when it hears three LGBTQ-realted discrimination cases, as discussed in this New York Times Article:
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