In August of this year, the Equal Opportunity Employment Commission succeeded on a Title VII claim on behalf of an employee who was discriminated against due to sexual orientation. We wrote about that opinion in a previous blog post. Last month, they achieved a similar victory in Pennsylvania, marking the latest in a recent trend of federal courts across the nation recognizing that LGBT employees are subject to all of Title VII's protections.
Last week, in a panel decision, EEOC v. Catastrophe Management Solutions, the Eleventh Circuit held that employers can discriminate against employees for wearing their hair in dreadlocks. The lawsuit was brought by the Equal Opportunity Employment Commission on behalf of a prospective employee who refused to comply with a company's grooming policy prohibiting employees from having dreadlocks. The EEOC contended that the defendant's refusal to hire the plaintiff was a form of race discrimination, because the hairstyle was one closely associated with individuals of African descent.
In a recent groundbreaking opinion written by Judge Mark Walker, Winstead v. Lafayette Board of County Commissioners, the Northern District held that Title VII prohibits employers from discriminating on the basis of an employee's sexual orientation or their perceived sexual orientation. The opinion arose out of a lawsuit filed by two female EMTs employed by Lafayette County. Their complaint alleged that members of the Lafayette County Commission had engaged in harassment and failed to protect them from harassment of a co-worker based on his perception of their sexual orientation. The county argued that the plaintiff's claims should be dismissed because Title VII does not prohibit discrimination on the basis of sexual orientation.