A Formal and Significant Re-Write of Title VII

We all knew this was coming, but the EEOC has formally determined that gender orientation is now a protected category under Title VII.

This is a significant change in the law, accomplished by fiat, rather than congressional action.  In fact, Congress has consistently rejected attempts to amend Title VII to explicitly include gender orientation discrimination, raising the issue of a court challenge to the Commission's change in interpretation.

There are several potential interesting collisions here between the Commission's determination and, for example, accommodating religious practices and preferences, the abuse of discretion standard by a federal regulatory agency, and congressional review. Stay tuned, this isn't over.