102 Iowa L. Rev. 1397 (2017)

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Abstract

In 2012 and 2015, the United States Equal Employment Opportunity Commission determined that Title VII of the Civil Rights Act of 1964 prohibits federal employers from discriminating against employees on the basis of gender identity and sexual orientation, respectively. The agency’s determinations reflect not only the policy preferences of the Obama Administration, but also of a growing percentage of Americans who believe LGBT citizens should enjoy the same federal statutory protections as other protected classes. Although a select number of states have enacted statutes prohibiting workplace discrimination on the basis of gender identity and sexual orientation, many private employers face no legal consequences for discriminating against LGBT employees. This Note argues that rather than wait for legislative action, courts should defer to the EEOC’s interpretations in Macy and Foxx in order to swiftly incorporate gender identity and sexual orientation within Title VII, thereby prohibiting private employers from discriminating on these bases.