Since the enactment of Title VII of the Civil Rights Act of 1964, it has been well-settled among the federal appellate courts that sexual orientation is not a protected category under Title VII. The First, Second, Third, Fourth, Fifth, Sixth, Eighth, Tenth, Eleventh and D.C. Circuits have all reached the same conclusion. However, the most recent decisions issued by the Seventh and Eleventh Circuits has split the circuits’ agreement on the issue and could ultimately force the U.S. Supreme Court to decide whether sexual orientation is a protected category under Title VII sooner rather than later.
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