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Sex Orientation Protected Civil Right, Court Says

11.7.16

The article, “Sex Orientation Protected Civil Right, Court Says,” featured in Bloomberg BNA, discussed Federal Judge Cathy Bissoon's recent ruling in Pittsburg that workplace bias based on sexual orientation is prohibited by federal civil rights law.

Randy Coffey weighed in on whether or not the Equal Employment Opportunity Commission (EEOC) is abusing their authority.

If one favors “outcome-driven jurisprudence,” then Bissoon's decision makes good sense, said Randy. The EEOC and the district court are “engaged in creative exercises” to reach a desired result, he told Bloomberg BNA Nov. 7.

There's no doubt that “sex” in a societal sense now includes greater recognition of sexual orientation and other manifestations of sexuality, Randy said.

But it's “an incredibly poor way” to interpret Title VII when even supporters of LGBT protections admit Congress in enacting the law didn't intend “sex” to sweep so broadly, he said.

To read the full article, please visit Bloomberg BNA.

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