Category Archives: SA Vol. 96

Against Gay Potemkin Villages: Title VII and Sexual Orientation Discrimination

By | SA Vol. 96 | No Comments
Professor Kreis examines a recent ruling from the Eleventh Circuit Court of Appeals that Title VII does not prohibit sexual orientation employment discrimination. He argues against the position taken by one member of the panel that, for Title VII’s purposes, sexual orientation as a status is severable from individuals’ same-sex attractions. The piece examines why this status-conduct dichotomy theory is both inconsistent with Supreme Court gay rights precedents and Title VII’s protections against racial and religious discrimination. Please note that this draft version is subject to change.

PDF

Category Archives: SA Vol. 96

Against Gay Potemkin Villages: Title VII and Sexual Orientation Discrimination

By | SA Vol. 96 | No Comments
Professor Kreis examines a recent ruling from the Eleventh Circuit Court of Appeals that Title VII does not prohibit sexual orientation employment discrimination. He argues against the position taken by one member of the panel that, for Title VII’s purposes, sexual orientation as a status is severable from individuals’ same-sex attractions. The piece examines why this status-conduct dichotomy theory is both inconsistent with Supreme Court gay rights precedents and Title VII’s protections against racial and religious discrimination. Please note that this draft version is subject to change.

PDF