Harassment: Sexual Orientation
Tennessee employment law counselors understand that although same-sex discrimination in the work place is not prohibited per se by Title VII of the Civil Rights Act of 1964, the courts have interpreted workplace discrimination on the basis of sexual orientation to be a violation of the Act.
For example, the U.S. Supreme Court has held that the Title VII prohibitions against sexual harassment also forbids harassment on the basis of sexual orientation because harassing conduct need not be motivated out of sexual desire to be covered by the statute.
The Supreme Court also has held that differential treatment of employees on the basis of sex stereotypes constitutes a violation of Title VII of the Civil Rights Act of 1964.
Since this Supreme Court decision, several courts have held that discrimination against an effeminate male employee as well as discrimination against a male with a gender identity disorder could constitute sex stereotyping because such an employee may not conform to an employer’s expectation of how a male should act.
Nashville, Chattanooga, Knoxville and Memphis Tennessee lawyers, as well as other lawyers who practice in the employment law arena, appreciate the reality that Title VII does not provide protection against workplace discrimination for all employees.
In order to be covered by Title VII an employee must work for an employer that has at least 15 employees.
Tennessee has its own anti-discrimination in the workplace laws, entitled the Tennessee Human Rights Act, that covers employers in the state with eight or more employees.
Copyright © 2019 by Gordon Jackson
This document is designed to provide general information in regard to the subject matter. However, almost all legal issues turn on factual matters and are reviewed on a case-by-case basis as to whether certain laws are applicable. Therefore, neither the author or this website is engaged in rendering legal advice by providing such general information.