USA: SEXUAL ORIENTATION DISCRIMINATION - 2017
Drew CULLER, “The price of Price Waterhouse: how title VII reduces the lives of LGBT Americans to sex and gender stereotypes”, Journal of Gender, Social Policy & the Law, 2017, vol.25:4, p.509.
In the US, there is no specific federal legislation against employment discrimination based on sexual orientation. Title VII of the Civil Rights of 1964 does not protect against sexual orientation discrimination in the work place: it only protects against employment discrimination based on race, colour, religion, sex or national origin. Despite this lack of direct protection, the standards laid out by the Supreme Court in the case Price Waterhouse v. Hopkins, 490 U.S. 228, 248-49 (1989) have been used to protect the LGBT community in various cases presented by the author. Indeed, denying a benefit to an employee because of traditional stereotypes associated with her or his sex violates Title VII. However, the author criticises this method because it only protects an appearance and a behaviour instead of the fact of being lesbian, gay, bisexual or transsexual: therefore, members of the LGBT community who are gender conforming are not protected. To avoid this, the author discusses possible alternatives that the federal legislator or the courts may adopt.
Direct to the article (jgspl.org)