The EEOC recently filed two lawsuits against two different private employers, thus breaking new ground and serving notice on all employers. The suits were filed on behalf of two gay employees whose complaints to higher management went unheeded after the employees alleged harassment by their supervisors.
The EEOC has long held that bias based on sexual orientation is covered by Title VII, however these are the first suits against private employers.
Critics note that the law is now moving from protecting against discrimination based on inherent physical attributes, e.g., race or masculinity or femininity, to discrimination based on behavior.
No matter, companies are now on notice: harassment of employees based on sexual orientation is officially grounds for legal action.
Tolerating harassment of employees for any reason is a dubious business decision in any case. Maintaining a workplace free of harassment and intimidation is not only sensible legally, it also makes for a more productive enterprise.
For more about the cases click here.