Articles Posted in Sex

By U.S. Equal Employment Opportunity Commission – http://www.eeoc.gov/eeoc/history/40th/panel/hopkins.html, Public Domain, Link

Yesterday’s blog post highlighted the blistering dissent of Eleventh Circuit judge Hon. Robin S. Rosenbaum, as she criticized her colleagues for passing on the opportunity to reconsider whether Title VII of the Civil Rights Act of 1964 protected employees from discrimination based on sexual orientation. In Judge Rosenbaum’s opinion, Title VII does afford those protections based on the U.S. Supreme Court’s ruling in Price Waterhouse v. Hopkins. In that case, the Court concluded that sex stereotyping violates Title VII.  (It follows that Title VII precludes discrimination based on sexual orientation because of the failure to conform to the gender-based stereotype of loving someone of the opposite sex. Continue reading

By Eoghanacht [Public domain], from Wikimedia Commons

The issue this case raises—whether Title VII protects gay and lesbian individuals from discrimination because their sexual preferences do not conform to their employers’ views of whom individuals of their respective genders should love—is indisputably en-banc-worthy…. I cannot explain why a majority of our Court is content to rely on the precedential equivalent of an Edsel with a missing engine, when it comes to an issue that affects so many people.

Continue reading