Four Takeaways As DOJ Pivots On Gay Rights In The Workplace

In an article published by Law360 on July 27, 2017, Randy C. Gepp provides insight on the recent developments related to Title VII. The U.S. Department of Justice (DOJ) told the Second Circuit that the statute does not prohibit workplace discrimination based on sexual orientation. This argument diverges from its prior stance and it also splits from the U.S. Equal Employment Opportunity Commission (EEOC). “The EEOC, in my view, has taken positions that have been beyond where the courts are willing to go, so the EEOC receives less weight in some circuits,” said Mr. Gepp. “I’m not sure the Second Circuit is going to pay much attention to what either agency says.”