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Discrimination Based On Sexual Orientation

Last Updated September 22, 2008
A variety of federal laws protect employees from workplace discrimination. Age, gender, race, ethnic origin and disability are all considered protected classes, and may not be used as grounds for discrimination. However, sexual orientation discrimination in the private sector is not yet prohibited under federal law, although federal government employees are currently protected.

State and Local Laws

Some states, including California, Illinois, New Jersey and New York, currently have laws protecting both public and private sector employees from sexual orientation discrimination. Additionally, discrimination based on sexual orientation been declared unconstitutional in Oregon. A few other states prohibit sexual orientation discrimination only in the public sector. Finally, numerous cities and counties across America have passed laws that protect employees in their jurisdiction.

Corporate Policy

Many companies have become aware of the problem of discrimination based on sexual orientation and have taken steps to prevent it. Employees can consult their employee handbooks or speak with the Human Resources department to learn whether their company has such a policy.

Other Legal Theories

Discrimination rarely occurs in a vacuum. Most often, there are demonstrable behaviors that accompany the discrimination. While the discrimination itself may not be illegal, such acts as assault or battery, harassment and wrongful termination are illegal. Employees who face such acts are protected by law.

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