U.S. flag
        An official website of the United States government
          Here’s how you know
        Here’s how you know**Official websites use .gov**
              
                A **.gov** website belongs to an official government organization in the United States.
        **Secure .gov websites use HTTPS**
              
                A **lock** (
              A locked padlock
              ) or **https://** means you’ve safely connected to the .gov website. Share sensitive
                information only on official, secure websites.  Home
                    *U.S. Equal Employment Opportunity Commission*

      search
      Menu
      Any of these words (optional)
Search

    close
            About EEOC
          
                        
  
    **About EEOC**
                        Overview
                                  The Commission and The General Counsel
                                  Commission Votes
                                  Meetings of the Commission
                                  EEOC History
                                  **News and Information**
                        Newsroom
                                  What You Should Know
                                  Legislative Affairs
                                  Publications
                                  Outreach and Education
                                  FOIA
              **Laws and Enforcement**
                        Laws, Regulations, Guidance and MOUs
                                  Discrimination by Type
                                  Mediation
                                  Litigation
                                  Systemic Enforcement
                                  Commissioner Charges and Directed Investigations
              **Programs and Performance**
                        Budget and Performance
                                  Initiatives
                                  Interagency Programs
                                  State and Local Programs
                                  Task Forces
                                  Tribal Programs
              **Data and Analytics**
                        Overview
                                  Data Governance
                                  EEO Data Collections
                                  Data and Statistics
                                  Data Tools and Products
                                  No FEAR Act Data
                                  **Inside EEOC**
                        Careers
                                  Office for Civil Rights, Diversity and Inclusion
                                  Doing Business with EEOC
                                  Privacy
                                  Office of Inspector General
          
                                            
  
      
                  
                        Employees & Job Applicants
          
                        
  
    **Employees & Applicants**
                        Overview
                                  Coverage
                                  Timeliness
                                  Prohibited Practices
              **Filing a Charge of Discrimination**
                        Filing a Charge
                                  How to File
                                  After You File a Charge
                                  Confidentiality
                                  Mediation
                                  Remedies
                                  Existing Charges
                                  Filing a Lawsuit
              **Discrimination by Type**
                        Age
                                  Disability
                                  Equal Pay
                                  Genetic Information
                                  Harassment
                                  National Origin Discrimination
                                  Pregnancy Discrimination
                                  Race/Color Discrimination
                                  Religious Discrimination
                                  Retaliation
                                  Sex
                                  Sexual Harassment
                                  Sexual Orientation and Gender Identity
          
                                  
  
      
                  
                        Employers / Small Business
          
                        
  
    **Employers / Small Business**
                        Overview
                                  Coverage
                                  After a Charge is Filed
                                  Resolving a Charge
                                  Commissioner Charges and Directed Investigations
                                  Remedies
              **Small Business Resource Center**
                        Small Business Home
                                  Small Business Requirements
                                  Frequently Asked Questions
                                  Tips for Small Businesses
                                  Making an Employment Decision?
                                  EEOC Resources
                                  Small Business Assistance
                                  Small Business Fact Sheet
                                  Small Business Videos
                                  EEOC Glossary
                                  Contact Us
              **Discrimination by Type**
                        Age
                                  Disability
                                  Equal Pay
                                  Genetic Information
                                  Harassment
                                  National Origin
                                  Pregnancy
                                  Race/Color
                                  Religion
                                  Retaliation
                                  Sex
                                  Sexual Harassment
                                  Sexual Orientation and Gender Identity
                                  Prohibited Practices
              Recordkeeping
                                  EEO Data Collections
                                  "Know Your Rights" Poster
                                  Training
                                  Other Employment Issues
          
                                            
  
      
                  
                        Federal Sector
          
                        
  
    **Federal Agencies**
                        Overview
                                  Federal EEO Coordination
                                  Federal Agency EEO Directors
                                  Laws, Regulations, Guidance & MOUs
                                  Management Directives & Federal Sector Guidance
                                  Federal Training & Outreach
                                  Resources
              **Federal Employees & Job Applicants**
                        Overview
                                  Federal Complaint Process
                                  Federal Sector Alternative Dispute Resolution
                                  Discrimination by Type
                                  Other Federal Protections
                                  Prohibited Practices
                                  Resources
          
                        
  
      
                  
                        Contact Us
          
                        
  
    Contact EEOC
                                  Find Your Nearest Office
                                  Office Operating Status
                                  Frequently Asked Questions

        
                  Languages
    English
              Español (Spanish)
                    Resources in Other Languages
                    عربي (Arabic)
              简体中文 (Chinese, Simplified)
              繁體中文 - Chinese (Traditional)
              Kreyòl Ayisyen (Haitian Creole)
              한국어 (Korean)
              Русском (Russian)
              Tagalog (Tagalog)
              Tiếng Việt (Vietnamese)
              فارسی (Persian. Farsi)
              پښتو (Pashto)
          

  

  Breadcrumb
Home
  Federal Sector
  Federal-Sector EEO Cases Involving Sexual Orientation or Gender Identity (SOGI) Discrimination

                      
                        

          
          
                        Federal-Sector EEO Cases Involving Sexual Orientation or Gender Identity (SOGI) Discrimination
              


          
  Select Federal-Sector Cases Involving Gender Identity/Transgender Status

*Macy v. Dep't of Justice*, EEOC Appeal No. 0120120821, 2012 WL 1435995 (Apr. 20, 2012) (decision by Commission holding that intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination based on sex and therefore violates Title VII).
	*Darin B. U.S. Office of Personnel Mgmt.*, EEOC Appeal No. 0120161068, 2017 WL 1103712 (Mar. 6, 2017)(a transgender male complainant stated a cognizable claim of sex discrimination when he alleged that his Federal Employee Health Benefits insurance plan denied pre-authorization for nipple-areola reconstruction; the failure to use or exhaust the process for Agency review of an insurance carrier's decision does not preclude an employee from asserting a viable claim in the EEO process).
	*Jacki A. v. Dep't of the Treasury*, EEOC Appeal No. 0120150248, 2016 WL 1729907 (Apr. 21, 2016)(Complainant, a transgender female who was a member of an Agency employee organization that conducted Bible-study discussions and was formed in response to employees' religious disagreement with the Agency allowing an employee organization for gay, lesbian, or bisexual employees, stated a viable claim of harassment when the president of the organization would not allow her to attend meetings and give presentations while dressed as a female).
	*Lusardi v. Dep't of the Army*, EEOC Appeal No. 0120133395, 2015 WL 1607756 (Apr. 1, 2015) (decision by Commission holding that Agency restrictions on transgender female's ability to use a common female restroom facility constituted disparate treatment on the basis of sex and that the restroom restrictions combined with hostile remarks, including intentional pronoun misuse, created a hostile work environment on the basis of sex).
	*Complainant v. Dep't of Veterans Affairs*, EEOC Appeal No. 0120133123, 2014 WL 653484 (Apr. 16, 2014) (The Agency's refusal to change a transgender employee's records to reflect his new name and gender for over a year, coupled with an Information Security Officer's hostility towards him because of the change in his gender identity from female to male, was severe or pervasive enough to constitute a claim of sex based harassment).
	*Jameson v. U.S. Postal Serv.*, EEOC Appeal No. 0120130992, 2013 WL 2368729 (May 21, 2013)(intentional misuse of the employee's new name and pronoun may cause harm to the employee, and may constitute sex based discrimination and/or harassment).
	*Day v. U.S. Postal Serv.*, EEOC Appeal No. 0120122376, 2013 WL 783235 (Feb. 19, 2013)(allegation that Agency removed Complainant from new-employee orientation and withdrew her job offer based on her transgender status stated a claim under Title VII).Select Federal-Sector Cases Involving Sexual Orientation

*Baldwin v. Dep't of Transp.*, EEOC Appeal No. 0120133080, 2015 WL 4397641 (July 15, 2015) (decision by the Commission holding that a claim alleging discrimination on the basis of sexual orientation necessarily states a claim of discrimination on the basis of sex under Title VII).
	*Felix R. v. Nat'l Aeronautics and Space Admin.*, EEOC Appeal No. 2019002240, 2021 WL 4477018 (Sept. 7, 2021) (Complainant subjected to a hostile work environment based on sex where supervisor referred to previous office leadership, which included Complainant, as the "gay mafia," stated during an office retreat that Complainant "came out to" her, said that "these people just won't let it alone" when referring to LGBT employee group's inquiry to Agency about the President's proclamation for Pride Month, and commented that an applicant was gay and not a "good fit" because his personality was "too big for this office").
	*Lynne E. v. Dep't of Veterans Affairs*, EEOC Appeal No. 0120170202, 2021 WL 2644674 (June 17, 2021) (Agency subjected Complainant to a hostile work environment based on her sexual orientation when a coworker told a supervisor and two other coworkers that it was a mistake to have hired Complainant, the community was "not ready" for Complainant because of her sexual orientation, she did not want to work with Complainant because of her sexual orientation, and she did not want to sit next to Complainant in a car; Agency, which granted Complainant's request for a transfer months after she reported the harassment, was liable for the hostile work environment because it failed to take immediate and appropriate corrective action).
	*Silas T. v. Dep't of the Air Force*, EEOC Appeal No. 2019003996, 2021 WL 2364890 (May 24, 2021) (Agency liable for harassment and constructive discharge based on sexual orientation where, although Agency removed the harasser from the work schedule at the restaurant where she and Complainant worked pending an investigation, it allowed the harasser to return as a customer--where she continued to harass and threaten Complainant with bodily harm--and it then returned the harasser to the work schedule; under these circumstances, it was reasonable for Complainant to feel so threatened that he resigned).
	*Foster B. v. Dep't of Health and Human Serv.*, EEOC Appeal No. 2019005682*,*2021 WL 1925576 (Apr. 12, 2021) (finding that Complainant was subjected to harassment based on sexual orientation when his subordinate routinely referred to Complainant as a “faggot,” in and out of Complainant's presence, to Complainant's subordinates and superiors for almost two years; finding that the Agency’s anti-harassment policy failed to comply with EEOC Management Directive 715).
	*Phyllis F. v. Dep't of Homeland Security*, EEOC Appeal No. 0120150799, 2021 WL 871245 (Feb. 16, 2021) (finding that Complainant was subjected to harassment based on her sexual orientation when, among other things, a coworker made several offensive comments towards Complainant about her sexual orientation, suggested that she needed a man in her life, disapproved of homosexuality and gay marriage; Complainant was also retaliated against for complaining about the harassment when she was given lower performance ratings and terminated).
	*Thomasina B. v. Dep't of Defense*, EEOC Appeal No. 0120141298, 2021 WL 674725 (Feb. 9, 2021) (finding that Complainant was subjected to more than two years of sex-based harassment from both her coworkers and supervisors, who, among other things, spread rumors that Complainant was gay and was dating a female coworker, told Complainant she was going to hell, and told Complainant she was harming her children because of her sexual orientation).
	*Bart M. v. Dep't of the Interior*, EEOC Appeal No. 0120160543, 2021 WL 308612 (Jan. 14, 2021) (decision by the Commission applying *Bostock v. Clayton County*, 140 S. Ct. 1731 (2020), to find the agency discriminated against complainant on the basis of sexual orientation when it did not select him for a supervisory position).
	*Complainant v. U.S. Postal Serv.*, EEOC Appeal No. 0120133382, 2015 WL 755097 (Feb. 11, 2015)(held that hateful nature of the alleged comments calling Complainant "homo" and telling him he was "living in sin" and would be "going "to hell" coupled with the alleged lack of adequate response on the part of management, sufficiently severe to state a viable claim of harassment that required further investigation and processing).
	*Hal T. v. Consumer Financial Protection Bureau*, EEOC Appeal No. 0120141108, 2014 WL 7398828 (Dec. 18, 2014)(advised the Agency that lesbian, gay, and bisexual employees who believe they have been discriminated against because of their sexual orientation should be counseled that they have a right to file a complaint under the 1614 process because they may have experienced sex discrimination; also strongly recommended that the Agency provide updated training to all employees and management on Title VII's prohibition of discrimination based on sexual orientation and gender stereotyping).
	*Luigi B. v. Dep't of Homeland Security*, EEOC Appeal No. 0120110576, 2014 WL 4407422 (Aug. 20, 2014) (recognizing that sex discrimination claims intersect with sexual orientation discrimination claims such that allegations of discrimination on the basis of sexual orientation can be construed as claims of discrimination on the basis of sex).
	*Complainant v. Dep't of Transp.*, EEOC Appeal No. 0720140023, 2014 WL 3790725 (July 24, 2014) (affirmed Administrative Judge finding of harassment based on sexual orientation).
	*Couch v. Dep't of Energy*, EEOC Appeal No. 0120131136, 2013 WL 4499198 (Aug. 13, 2013) (relied on the use of derogatory slurs to prove a sex-based harassment claim; the Commission noted that the words "fag" and "faggot" have been historically used in the United States as a highly offensive, insulting, and degrading sex-based epithet against gay men and men who are perceived as insufficiently masculine).
	*Morris v. Dep't of the Army*, EEOC Appeal No. 0120130749, 2013 WL 2368686 (May 23, 2013) (the Commission reversed and remanded an Agency's dismissal where Complainant alleged that he was subjected to a hostile work environment when he was told "you are in the South now, you and [your partner] might find you are not as safe or accepted here as you were in New York. This is the Bible Belt.").
	*Culp v. Dep't of Homeland Security*, EEOC Appeal No. 0720130012, 2013 WL 2146756 (May 7, 2013) (complaint stated a claim of sex discrimination under Title VII where supervisor counseled complainant that associating with lesbian colleague created an improper perception).
	*Baker v. Social Security Admin.*, EEOC Appeal No. 0120110008, 2013 WL 1182258 (Jan. 11, 2013) (the Commission held that as long as the allegations state a viable claim of sex discrimination, the fact that a Complainant has characterized the basis of discrimination as sexual orientation does not defeat an otherwise valid sex discrimination claim).
	*Castello v. U.S. Postal Serv.*, EEOC Request No. 0520110649, 2011 WL 6960810 (Dec. 20, 2011) (complainant's allegation of sexual orientation discrimination was a claim of sex discrimination because it was based on the alleged discriminator’s view that having relationships with men is an essential part of being a woman).
	*Veretto v. U.S. Postal Serv.*, EEOC Appeal No. 0120110873, 2011 WL 2663401 (July 1, 2011) (complainant's allegation of sexual orientation discrimination was a claim of sex discrimination because it was based on the alleged discriminator’s view that marrying a woman is an essential part of being a man).
      
              Translate this Page
    EnglishEspañol (Spanish)Return to top

  EEOC Logo, Image
            U.S. Equal Employment Opportunity Commission

          EEOC Headquarters
              131 M Street, NE
Washington, DC 205071-800-669-6820 (TTY)1-844-234-5122 (ASL Video Phone)

        Questions?

Call 1-800-669-4000
For Deaf/Hard of Hearing callers:1-800-669-6820 (TTY)1-844-234-5122 (ASL Video Phone)info@eeoc.govFind your nearest EEOC officeFrequently Asked Questions
          Connect With Us

  FOIA
      
    
                      Privacy Policy
      
    
                      Disclaimer
      
    
                      Accessibility
      
    
                      Office of Inspector General
      
    
                      Promoting Access to Voting
      
    
                      USA.gov