Although Title VII of the Civil Rights Act of 1964 does not explicitly prohibit discrimination on the basis of sexual orientation, recent court decisions and Equal Employment Opportunity Commission (EEOC) policy have established protections for lesbian, gay, bisexual, and transgender (LGBT) employees. Discrimination in federal employment on the basis of sexual orientation is considered a form of sex discrimination, and LGBT federal employees who experience harassment or adverse employment action based upon their sexual orientation are entitled to all of the benefits available to other employees who have been discriminated against in violation of Title VII.
Pursuing any type of discrimination claim against the federal government can be challenging. There are strict timelines and procedural requirements, and you need solid evidence to support your allegations.
Q: What are some examples of unlawful discrimination based on sexual orientation?
Since sexual orientation discrimination is considered a form of sex discrimination, Title VII protects LGBT workers against all forms of improperly-motivated employment practices. Some examples of unlawful discriminatory employment practices recognized by the EEOC include:
Q: If I file a complaint about sexual orientation discrimination, does that mean that I will need to go to court?
No, not necessarily. In fact, most discrimination cases are resolved at the agency level without going to court. For federal employees, the process of filing a discrimination claim starts with contacting your agency’s equal employment opportunity counselor. From there, you will participate in either counseling or alternative dispute resolution procedures (i.e. mediation). If this stage does not result in a favorable outcome, your case will then go before an EEOC administrative judge or panel. If you are unsatisfied with the outcome at the EEOC, then you will need to take your case to court.
Q: Are LGBT federal employees protected under the Civil Service Reform Act?
Yes. The Civil Service Reform Act prohibits discrimination based on “conduct which does not adversely affect the performance of the applicant or employee,” and this includes sexual orientation. If you file a sexual orientation discrimination claim under the Civil Service Reform Act, your case will go before the Office of Special Counsel or the Merit Systems Protection Board (MSPB) instead of the EEOC.
Q: Where can I find more information about the protections afforded to gay and lesbian federal employees?
If you would like more general information about how Title VII and the Civil Service Reform Act protect LGBT employees, you can review these resources from the EEOC: