Erin Mulvaney writes, "The conversation about how sexual orientation discrimination should be viewed in the workplace has quickly shifted in recent years.
For decades, courts ruled consistently against federal workplace protections for gay, lesbian and bisexual workers, deciding that it was clear in the statutory language of Title VII of the Civil Rights Act of 1964 that employers could not discriminate based on only these characteristics: sex, race, color, national origin and religion.
Now, an argument that would protect gay workers under existing federal law is gaining momentum.
On the forefront of this change is Greg Nevins, who is involved in the three high-profile appeals court cases that consider whether employees could sue under federal civil rights law for alleged discrimination by their employers because they are gay. Nevins is the workplace fairness program strategist for Lambda Legal, the New York-based LGBT legal advocacy group.
Along with the U.S. Equal Employment Opportunity Commission, Lambda Legal has argued that sexual orientation should be protected under Title VII as sex discrimination. The U.S. Justice Department, under the leadership of Jeff Sessions, has taken the opposite view."