Wednesday, March 2, 2016

UPDATE: Copy of the EEOC's Complaint in the Pennsylvania Sexual Orientation Discrimination Case

As I noted earlier today, the EEOC launched two new lawsuits alleging that sexual orientation discrimination is a form of sex discrimination prohibited by Title VII. You can view a copy of the Complaint in the Pennsylvania case (EEOC v. Scott Medical Health Center) here.

The alleged harassment is very sexual orientation-specific. For example, homophobic slurs, and this allegation (earmuffs kids):
Not official use.
McClendon routinely made other unwelcome and offensive sexual comments to Baxley. For instance, upon learning that Baxley is gay and had a male partner (and to whom he is now married), McClendon made highly offensive statements to Baxley about Baxley’s relationship with the partner such as saying, “I always wondered how you fags have sex,” “I don’t understand how you fucking fags have sex,” and “Who’s the butch and who is the bitch?”
I still think this case lends itself to established gender stereotyping and male-on-male sexual harassment analysis without necessarily reaching the EEOC's endgame of establishing that "sexual orientation discrimination necessarily entails treating an employee less favorably because of his sex." Only time (and a few court decisions) will tell.