The U.S. Equal Employment Opportunity Commission (EEOC) continues its aggressive push toward expanding the definition of sex discrimination under Title VII to include discrimination on the basis of sexual orientation. While 22 states, including Connecticut, New York, and New Jersey, have already added sexual orientation to their workplace non-discrimination statutes, Congress has failed to pass similar litigation. As a means of side-stepping this gap in the legislation, gay and lesbian employees have argued that discrimination on the basis of sexual orientation should be covered under Title VII’s prohibition on discrimination based on sex. While the Supreme Court has yet to decide this issue, the EEOC remains on the forefront; to that end, its Strategic Enforcement Plan for 2013-2016 includes seeking coverage of LGBT employees under Title VII’s prohibition on sex discrimination. In an article published on its website, entitled “What You Should Know About the EEOC and the Enforcement Protections for LGBT Workers,” the EEOC states:
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