Examining The EEOC's Broad Interpretation Of Title VII

Law360, New York (March 11, 2016, 11:01 AM EST) -- It is not uncommon for the U.S. Equal Employment Opportunity Commission to push the envelope by taking positions in litigation that exceed the plain language of the federal statutes that it is charged to enforce. Indeed, in its 2013-2016 Strategic Enforcement Plan, the EEOC identified the addressing of emerging and developing issues as a priority, specifically mentioning, as one of those issues, the "coverage of lesbian, gay, bisexual and transgender individuals under Title VII's sex discrimination provisions, as they may apply." On Tuesday, March 1, 2016, the EEOC took the next step in prosecuting its Strategic Enforcement Plan when it launched a pair of federal lawsuits alleging discriminatory employment practices based on sexual orientation. These new lawsuits are prime examples of the agency's tendency to interpret statutes as broadly as possible and beyond what Congress intended....

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