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First big policy win for gay rights in the US after same-sex marriage
The federal commission that investigates these claims has ruled that discriminating against lesbian, gay, and bisexual employees for their sexual orientation counts as discrimination on the basis of sex, which is prohibited nationwide in Title VII of the Civil Rights Act.
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It’s very simply stated: “‘Sexual orientation’ as a concept cannot be defined or understood without reference to sex. … It follows, then, that sexual orientation is inseparable from and inescapably linked to sex and therefore, that allegations of sexual orientation discrimination involve sex-based considerations.”
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The ruling doesn’t hold the legal weight of a Supreme Court decision, but it applies to federal employees, and federal courts that receive discrimination complaints can use it as a form of precedent.
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