Sexual orientation discrimination includes being treated differently or harassed because of your real or perceived sexual orientation -- whether gay, lesbian, bisexual, or heterosexual. This type of discrimination may be illegal in your workplace, depending on where your work is located.
Federal Law
Although federal laws protect people from workplace discrimination on the basis of race, national origin, sex, age, and disability, there is no federal law that specifically outlaws workplace discrimination on the basis of sexual orientation in the private sector. (Federal government workers are currently protected from such discrimination, though.) Attempts to pass a piece of federal legislation that would outlaw sexual orientation discrimination in private workplaces have been unsuccessful to date.
State Laws
There is more hope at the state level. Almost half the states and the District of Columbia have laws that currently prohibit sexual orientation discrimination in both public and private jobs: California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. In the meantime, at least one court case found that sexual orientation discrimination is prohibited under the state's constitution (Tanner v. Oregon Health Sciences University, 157 Ore. App. 502, 971 P.2d 435 (1998)).
In addition, a few states have laws prohibiting sexual orientation discrimination in public workplaces only: Delaware, Indiana, Michigan, Montana, and Pennsylvania.
Local Laws
If you are gay or lesbian and your state does not have a law that protects you from workplace discrimination, you may still be protected by city and county ordinances. Over 180 cities and counties prohibit discrimination on the basis of sexual orientation in at least some workplaces -- from Albany, NY, to Ypsilanti, MI.
To find out exactly what kind of protection your city, county, and/or state provides to prohibit sexual orientation discrimination, you can visit the Lambda Legal Defense and Education Fund website at www.lambdalegal.org. Lambda maintains a list of state-by-state antidiscrimination laws -- as well as other laws specifically affecting gays and lesbians. If you need additional information, you can contact the Lambda office in your region. There, an intake volunteer will either answer your question or, if you need more help, connect you with a volunteer attorney.
| Gender Identity May Also Be Protected | | Some states and local governments also prohibit workplace discrimination based on gender identity -- an individual's self-identified gender, versus anatomical sex at birth. Currently, the District of Columbia and California, Colorado, Hawaii, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, and Vermont have gender identity discrimination statutes on the books. Even in states without specific statutes, courts have sometimes interpreted other antidiscrimination statutes, like those protecting individuals based on their gender, to include gender identity. |
|
Company Policies
Some enlightened companies have adopted their own policies prohibiting discrimination based on sexual orientation. These policies prohibit such conduct and often provide disciplinary guidelines for dealing managers who discriminate, up to and including termination of employment.
Other Laws
If no law prohibits sexual orientation discrimination where you work, there may still be hope. Depending on the exact nature of the discrimination, you may be able to sue your employer -- or your coworkers -- under a number of general legal theories, including:
- intentional or negligent infliction of emotional distress
- harassment
- assault
- battery
- invasion of privacy
- defamation
- interference with an employment contract, and
- wrongful termination.
For more information about your right to be free of workplace discrimination, see Your Rights in the Workplace, by Barbara Kate Repa (Nolo)
Copyright 2008 Nolo