Tuesday, February 03, 2015

The Equal Employment Opportunity Commission (EEOC) lacks authority to hear allegations of sexual orientation discrimination, but it has recently held that, where a male employee alleged that he was harassed because he was going to marry another man and that the harassment would not have happened if he were a woman marrying a man, the complainant had alleged a plausible sex stereotyping case which would entitle him to relief under Title VII if he were to prevail.  Veretto v. Donahoe, Appeal No. 0120110873, 2011 WL 2663401 (July 1, 2011).  Veretto was not a mixed case, and the Board has not yet had an opportunity to rule on this type of issue.  Finally, the position of the Office of Special Counsel (OSC) is that allegations of discrimination based on sexual orientation (as well as on marital status and political affiliation discrimination) may be prohibited personnel practices or other violations of law subject to its investigation.  See www.osc.gov/pppPolicies1.htm.

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