Section 79 General Overview

• Library: Employment Discrimination 2008

Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e et seq., does not prohibit discrimination on the basis of sexual orientation. In Smith v. Liberty MutualInsurance Co., 569 F.2d 325
(5^th Cir. 1978), the plaintiff had been denied employment in the mail room because the interviewing supervisor considered the applicant “effeminate.” The plaintiff attempted to bring a class action under Title VII on the theory that it prohibited discrimination based on sexual preference. The district...