The courts have struggled with the wording in Title VII for a couple of decades. Title VII clearly prohibits discrimination based on sex. Does that mean Title VII prohibits discrimination based on sex orientation? If an employer terminate someone because he is gay, how is that not discrimination based on sex?
The challenge is that
The San Antonio Fourth Court of Appeals recognized same sex harassment in certain limited situations. See my prior post discussing the decision in Clark v. Alamo Heights Independent School District, No. 04-14-00746 (Tex.App. San Antonio 10/21/2015) here. The seminal case for same sex harassment is the U.S. Supreme Court decision in Oncale v.
I written before about the complicated decisions regarding whether Title VII prohibits discrimination based on sexual orientation. Ever since the Supreme Court’s decision in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), courts have been grappling with same sex harassment. Does Title VII prohibit discrimination based on sex or not? See my post
Houston added gender identity and sexual orientation as protected classes to its anti-discrimination policies. The policy prohibits discrimination, retaliation or harassment based on gender identity or sexual orientation in contracting, the City’s hiring practices and in City vending activities. Houston, of course, just recently elected its first openly gay mayor. See report.