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Such cases can be viewed as sex discrimination based on non-conformance with gender norms and stereotypes under the Supreme Court's 1989 decision in , EEOC Appeal No.0120130992, 2013 WL 2368729 (May 21, 2013), and that an employer's failure to revise its records pursuant to changes in gender identity stated a valid Title VII sex discrimination claim, , EEOC Appeal No.This represents an increase of approximately 28% over the total LGBT charges filed in FY 2014 (1,100).EEOC resolved a total of 1,135 LGBT charges in FY 2015, including through voluntary agreements providing approximately .3 million in monetary relief for workers and achieving changes in employer policies so that discrimination would not recur.

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In so ruling, the Commission has not recognized any new protected characteristics under Title VII.Sexual orientation discrimination is also sex discrimination because it is associational discrimination on the basis of sex.