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Signaling its intent to pursue its viewpoint that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation (including transgender identity), the Equal Employment Opportunity Commission has taken several recent steps to advance its theory that Title VII’s statutory term “sex” has broad application within the meaning of the federal employment discrimination law. According to the EEOC, Title VII’s general prohibition against discrimination on the basis of sex encompasses more specific prohibitions on certain acts of sexual orientation discrimination under a sex stereotyping theory and prohibits employers from taking sex or gender, as well as perceptions regarding gender roles, into consideration when making employment decisions.
 


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