What does sexual orientation harassment encompass according to Title VII?

Sexual orientation harassment, according to Title VII of the Civil Rights Act of 1964, encompasses both harassment based on sexual orientation and harassment based on gender identity. Title VII prohibits discrimination based on sex, and courts have interpreted this to include harassment that comprises an individual’s sexual orientation and gender identity, as these are closely linked to, and can be a result of, gender stereotypes.

Harassment based on sexual orientation involves treating someone unfavorably because of their sexual preferences or orientation, such as being gay, lesbian, bisexual, or heterosexual. Similarly, harassment based on gender identity pertains to discrimination against individuals because of their gender identity or the way they express that identity, which can include transgender individuals.

Understanding this comprehensive view aligns with the evolving interpretations of the law, as various rulings have recognized that sexual orientation and gender identity are integral components of one’s sex. Hence, the inclusion of both aspects highlights the recognition and protection against discrimination in the workplace related to a person's sexual orientation and gender identity. This comprehensive protection is vital in fostering a safe and equitable work environment for all individuals regardless of their sexual orientation or identity.