Title VII of the Civil Rights Act of 1964 does not include a prohibition against discrimination on the basis of sexual orientation,but it does protect homosexuals if the employment action:

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Sometimes an employer terminates an employee who fits into more than one category, or perceived category, of Title VII of the Civil Rights Act of 1964. One category may be protected and the other not. Liability may still ensue. For instance, if an employer terminates a black (protected) female (protected) after the employer finds that she is a lesbian (not protected), the employee is not able to use her status as a lesbian as the basis for a Title VII claim. However, if the employee can show that white lesbians were not terminated, this would be discrimination based on her race and would be actionable.

Title VII of the Civil Rights Act of 1964 Does