For now, the EEOC's decision applies only to federal employees' claims. But the EEOC represents private employees, as well, and helps employers and employees settle discrimination claims without a lawsuit. Last year, the EEOC resolved nearly half its cases through this process. And under the new guidelines, all sexual orientation discrimination will be considered illegal, empowering gay private employees to lodge discrimination complaints. Until the Supreme Court weighs in, lower courts may choose to accept or reject the EEOC's reading of Title VII. But the commission's rulings are respected by the judiciary, and could tip more courts to rule that sexual orientation discrimination is, indeed, already forbidden in the United States.
It's a big and important move, so yay to that, but by no means a substitute for ENDA because courts still have discretion to ignore it.