EEOC Signals Increased Scrutiny Over Sexual Orientation Discrimination

Recent cases the EEOC has filed on behalf of transsexual individuals signals the commission’s adoption of a broad interpretation of what “sex” means under Title VII of the Civil Rights Act of 1964, according to Foley & Lardner LLP attorney Christopher G. Ward.s. He suggests the EEOC is advancing a theory that the prohibition of discrimination on the basis of “sex” precludes employers from taking sex, gender, or gender roles into consideration when making hiring decisions “[T]he EEOC’s actions serve as a good reminder for employers to approach all employment decisions with a clear focus on merit alone and document the legitimate reasons for all employment decisions,” he writes.