Avila & Shaddow Attorneys at Law
Southern California 866-450-4LAW
San Fernando Valley 818-676-9658
Nationwide Toll Free 866-450-4LAW
E-mail icon Se habla español
Main navigation search

Aggressive Protection of Your Rights Under The Law Schedule a Consultation

EEOC and DOJ take separate stances on workplace discrimination

California residents may remember that the Department of Justice declared in July 2017 that Title VII of the Civil Rights Act of 1964 doesn't protect against workplace discrimination based on sexual orientation. This was a departure from the views of the Equal Employment Opportunity Commission . At the time, this split was considered to be unusual. This is because both agencies are tasked with defending the civil rights of workers.

In early September, Lambda Legal asked the Supreme Court to review a decision based on the theory espoused by the DOJ. Specifically, it asked for a review of a March 2017 decision made by the 11th Circuit in the case of Evans v. Georgia Regional Hospital. The court ruled 2-1 that sex discrimination protection based on Title VII of the Civil Rights Act did not extend to discrimination based on a person being gay, lesbian or bisexual.

Lambda pointed out that the 7th Circuit came to a different conclusion in April 2017 in the case of Hively v. Ivy Tech. Lambda argues that because the EEOC and DOJ take different positions on who is protected by Title VII, private companies and the federal government could be held liable for violations by the EEOC. At the same time, state and local governments may not need to fear enforcement of discrimination laws because they are under DOJ jurisdiction.

Whether an employee works for a private or government entity, employment law generally guards against harassment on the job. If an employee believes that he or she has been discriminated against, an attorney may be able to determine if the worker has a case and if so, the steps that should be taken.

No Comments

Leave a comment
Comment Information
  1. Peer Review Rated For Ethical Standards & Legal Ability | AV PREEMINENT
  2. Consumer Attorneys Association of Los Angeles
  3. Avvo
  4. LACBA, Los Angeles County Bar Association
  5. Super Lawyers
  6. California Employment Lawyers Association

Need Help? Have Questions? Contact our attorneys for immediate assistance

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Southern California
21800 Oxnard Street
Suite 1180 - Penthouse
Woodland Hills, CA 91367

Toll Free: 866-450-4LAW
Phone: 818-676-9658
Fax: 818-337-7265
Map & Directions