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McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
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Middletown LGBT Employment Lawyers: New Ruling on Title VII Protection for Sexual Orientation

January 27, 2017 by Red Bank Legal

Recently, Judge Cathy Bissoon of the United States District Court for the Western District of Pennsylvania ruled in favor of a gay man who claimed he quit his job because of harassment. Middletown LGBT employment lawyers note that under Title VII of the Civil Rights Act of 1964, discrimination based on one’s sex is unlawful and prohibited. The judge indicated that the definition of discrimination is broadening as exemplified by the ruling on marriage equality in 2015 by the Supreme Court.

The U.S. Equal Employment Opportunity Commission (EEOC), filed the case on behalf of an employee who claimed that his boss at Scott Medical Health Center regularly used homophobic slurs to address him. The EEOC was already investigating claims from five of the plaintiff’s female co-workers who were also victims of harassment. In Bissoon’s opinion the co-workers claimed their boss subjected them to a hostile work environment.

When the plaintiff’s boss found out that he had a partner, he made numerous degrading and offensive remarks on a daily basis about the nature of homosexuality. Judge Bissoon wrote in her opinion that “There is no more obvious form of sex stereotyping than making a determination that a person should conform to heterosexuality. As the EEOC states, ‘[d]iscriminating against a person because of the sex of that person’s romantic partner necessarily involves stereotypes about ‘proper’ roles in sexual relationships—that men are and should only be sexually ­attracted to women, not men.'” The attorney for Scott Medical Health Employer tried to have the case thrown out of court arguing that sexual orientation is not protected by Title VII, but Bissoon was definitive saying “discrimination on the basis of sexual orientation is, at its very core, sex stereotyping plain and simple; there is no line separating the two.”

Middletown LGBT Lawyers at McOmber McOmber & Luber, P.C. Will Defend Your Right to Protection Under Title VII

No one should be discriminated against because of who they are or whom they love. If you know someone you know has been a victim of LGBT discrimination in New Jersey, contact the Middletown LGBT lawyers at McOmber McOmber & Luber, P.C. at 732-842-6500 for our Red Bank, New Jersey office. We can also be reached at our Marlton, New Jersey offices at 856-985-9800, or contact us online to schedule your free initial consultation. Our distinguished attorneys have been providing dedicated service since 1974 and are known for their ability to deliver optimal results.

 

Filed Under: Employment Lawyers, Employment Discrimination, Uncategorized, LGBTQ

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