The Lesbian, Gay, Bisexual, Transgender, and Queer (“LGBTQ+”) community has won major legal victories in the last twenty years, but at least one group remains left behind in those victories. The bisexual population is often ignored, erased, and discriminated against by both homosexual and heterosexual individuals and communities. This is true despite the fact that bisexuals outnumber both lesbian women and gay men. This erasure and discrimination affects bisexuals in different areas of life and the law, including the employment context. Title VII of the Civil Rights Act of 1964 (“Title VII”), which protects against employment discrimination on the basis of sex, has long been used as a tool for legal activists to protect the LGBTQ+ community from employment discrimination. For years, this strategy had mixed success in lower courts and no success in circuit courts or with the Equal Employment Opportunity Commission (“EEOC”).
Elizabeth C. Burneson,
The Invisible Minority: Discrimination Against Bisexuals in the Workplace,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol52/iss5/8
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