EEOC Sexual Orientation Lawsuit Settles For $200K Plus

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As I’ve previously reported, the Equal Employment Opportunity Commission has filed two lawsuits alleging that employers discriminated against employees based on sexual orientation, which the Commission says is prohibited by Title VII.

One of the lawsuits, filed against Pallet Companies/IFCO Systems, settled this week for $202,200. The former employee will receive $182,200, and the remainder will be donated to the Workplace Equality Program of the Human Rights Campaign, an LGBT advocacy group. In addition, the Baltimore-based employer will be required to provide training developed by an expert on LGBT issues and will be under a two-year consent decree, among other things.

The EEOC’s lawsuit alleged that the employee, a lesbian, was harassed because of her sexual orientation and then was fired when she complained.

I do hope that the EEOC’s other lawsuit, against Scott Medical Health Center, goes to summary judgment or trial. I’d like to know whether the courts agree with the EEOC that sexual orientation discrimination is “sex discrimination” prohibited by Title VII. I remain skeptical.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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