What This Means for Employers:
The battle over whether sexual orientation discrimination falls within the parameters of sex discrimination under Title VII continues. Despite the change in administration, the EEOC aggressively continues to push its position that sexual orientation (and gender identity) discrimination necessarily is sex discrimination under Title VII. Meanwhile, federal appellate courts thus far have rejected such an expansion of Title VII, while lower federal district courts have been inconsistent in their treatment. A final resolution of this issue will need to come from the Supreme Court or from Congress.