Summary: Sexual Orientation Discrimination

You would think that today’s society would not discriminate against someone based on their race, color, or national origin. With the changes in lifestyle, people continue to discriminate against those, but also someone’s sexual orientation. Even with laws and regulations, it continues in all parts of the country. The Civil Rights Act of 1964, more specifically Title VI, stated that you could not discriminate against anyone in programs and activities receiving federal

The addition of sexual orientation has gone before Congress many times but it has yet to be included as a protected class. There is so much controversy surrounding gay marriage right now that I believe it is only a matter of time before employment discrimination because of sexual orientation will be the reason for the Title VII will be amended once again. The most recent additions to this law have been discriminating based upon pregnancy, sex stereotyping, and sexual harassment. Title VII states that an employer can’t refuse to hire a woman based upon the fact that she is currently pregnant or because of any pregnancy-related conditions. To be safe and to avoid any litigation in the future, an employer should never ask an individual about their marital status or a woman if she is pregnant.

Since the beginning of their existence and in today’s society, the community of LGBT workers are not being treated fairly or getting their fair share that they deserve in the workplace. They are victims to high rates of workplace discrimination. Instead of being judged as workers and what they bring to their jobs and how they work, they are being judged by their sexual preferences and appearance. Being a gay or transgender worker causes them to be mistreated, not judged for the actual workers they are, and most importantly, halts a majority of them in better career and job opportunities. Although under federal law it is illegal to fire someone who is either gay or transgender, they are still either being denied employment or being terminated from their jobs because of their gender category or sexual orientation.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of “race, color, sex, religion, and national origin” (Mallor, Barnes, Bowers, & Langvardt, 2012, p. 24). This law also includes discrimination due to sexual orientation. This was not addressed in the original law, but sexual orientation cases have been won under this law. Such is the case of, Heller v Columbia Edgewater Country Club, 195 F. Supp. 2d 1212 (D. Or. 2002) (Joslin, n.d.). This lawsuit was due to a lesbian 's employer used derogatory comments, toward her, in which the court ruled in her favor. Kate 's allegation of discrimination if proved, can be filed with the company 's Human Resource department. If that does not resolve the issue, she can file a complaint with the Equal Employment Opportunity Commission (EEOC).

Title VII of the Civils Rights Act of 1964 is a U.S. federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. Title V11 applies to private and public universities, local, state and federal governments, labor organizations and employment agencies. Today, the conversation surrounding discrimination has increasingly been based on race and gender and has emerged as an issues that many employers are trying to address in workforce development. Unfortunately, there are other groups that have similar attention or protection under U.S. laws and if so, they are still facing discrimination. LGBT employees are a group that has received minimal attention when it

Twenty states in the U.S currently have laws prohibiting the discrimination based on sexual orientation in public, as well as private jobs. These states include Colorado, Connecticut, Hawaii, Illinois, Iowa, Main, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington Wisconsin and California. As found by California lawyers, the number of cases filed with the California Department of Fair Employment and Housing, or DFEH, pertaining to employment discrimination based on sexual orientation has “increased from 636 in 2001, to 714 in 2005 and to 821 in 2008. In 2011, the number of sexual orientation employment discrimination cases filed with DFEH spiked to 1,104.” This drastic increase may be attributed to the advocacy of equality in marriage laws in California and in other

Title VII of the Civil Rights Act of 1964 prohibits job discrimination based on race, color, gender, religion and nation of origin. With the recent acceptance of marriage equality, it may leave the population doubting if they can be open and honest about their life. While, Title VII now encompasses the lesbian, gay, bisexual, transgender (LGBT) population, individuals may continue to fear their protection within the employment process. This is due to the ongoing debate within each state to implement anti-discrimination laws protecting LGBT workers. This may encourage people to purse a career based on fear of discrimination rather than compatibility.

Gays and lesbians are discriminated against and oppressed by archaic "sex laws" used by the conservative Arizona government. Some statutes include the restriction of same-sex marriage, and no monetary or federal benefits for domestic partners of homosexuals who work for a government agency.

While non-discrimination acts have been attempted to be pushed through the Texas legislation, almost all have failed. Most non-discrimination laws exclude orientation and while most major companies include that orientation does not factor into their hiring process, Texas law still allows for someone to be fired based on sexual orientation or gender identity. These laws that allow people to be fired based on orientation leads to a large number of the homeless population with an estimated 40% of the homeless youth being part of the LGBTQ community (Withers, 2012). If these laws were made to be more inclusive, it would not only decrease the number of homeless in Texas, but also would decrease the unemployment number and make Texas look good. However, Texas does not like to try and make itself look less crazy, instead they become driven by horrible ideological premises that do nothing but harm innocent people and cause massive controversy.

Intimate partner violence and same-sex relations encounter the risk of factors and stress. LGBT individuals experience discrimination from employment, housing, and public amenities. In states such as Indiana, sexual orientation and gender identity are protected classes under Civil Rights Law. Other risk factors include increased risk of poverty,

According to an article published by Workplace Fairness, a non-profit organization that provides information and education on employee rights, sexual orientation discrimination means treating someone differently solely because of his or her sexual orientation whether it be homosexual, bisexual, or heterosexual. This discrimination may occur because of a perception of someone whether the perception is right or wrong. Someone who is discriminated against on the basis of sexual orientation may also be discriminated against or harassed on the basis of sex, gender identity, disability, such as actual or perceived HIV status, and/or marital status.

Muñoz, S. T., & Kalteux, D. M. (2016). LGBT, the EEOC, and the Meaning of "Sex". Florida Bar Journal, 90(3), 43-48.

Reports: LGBT-rights abuse in every region. (2013, May 1). Windy City Times, 28(30), 4. Retrieved from http://go.galegroup.com.proxy.davenport.edu/ps/i.do?id=GALE%7CA334178008&v=2.1&u=lom_davenportc&it=r&p=STND&sw=w&asid=edc11997f029c506218dd7091f3567fd

Lesbian, gay, bisexual and transgender individuals, also known as LGBT population have experienced a great deal of oppression worldwide. These particular individuals undergo discrimination from society, whether for reasons of ignorance, fear or intolerance, this population faces challenges in multiple areas of social justice sexual. Although the LGBT culture has made some strides in the areas of state and federal legislation, there is still a wide range of criminalization that takes place within our culture. Understanding the LGBT community and the history of their oppression may be the first step in becoming culturally competent. For many years this culture was denied their basic constitutional rights that were afforded to their equal heterosexual peers. Basic rights such as, adoption and marriage were uncommon to this culture until the 20th century.

The criminal just system should view all people no matter what their race, gender, or social class is. In a world where Lesbians, gays, bisexuals, and transgender people are being slandered, it is hard for them to get jobs because of their sexual preferences or how they identify. Gays and lesbians who choose to come out around “straight” people they work with will probably face at least some (if not much) discrimination. During work, “discrimination based on sexual orientation must not be tolerated in any form in modern law enforcement. Instead of prejudice and intolerance, police departments and chief executives should embrace a “Do Ask, Do Tell” attitude toward gays and lesbians (Winchell, 2008)”. They will go out of their way to cause harm either (physically/ mentally), professional humiliation, and the refusal of some heterosexual officers to work in close proximity with the LGBT officers. Instead of discriminating on others, officers should begin to judge based on the quality of their work and strength of character.