The Employment Non-Discrimination Act of 2009—Ensuring Equality in the Workplace for Gay, Lesbian, Bisexual and Transgender Workers

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.

Former president of the United States, Obama, approved an executive mandate banning the discrimination based on sexual orientation or gender identity of federal employees from the governments' contractors. Additionally, The Equal Employment Opportunity Commission, or EEOC, declared, safeguarding employees on the bases of sex, must also involve the comprehension of the embodiment for the protection of transgender people. However, the association, not recognized by the Court of the United States, have not granted their declared protections in a consistent manner across the nation, producing in an absence of the given freedoms for the working LGBTQ community (Beyond Marriage Equality: A Blueprint for Federal Non-Discrimination Protections,

The Lesbian, Gay, Bisexual, and Transgender (LGBT) community have always had issues with discrimination and prejudice; even now anti-gay movements are growing not only in our communities but also in our legislative branch in the government. These people disguise their hate behind the constitution and claim freedom of religion and speech. There ignoreos is growing to our congressmen and women, laws are being pass in some states to prevent other anti gay laws. We as a nation in some states are regressing as a whole and not progressing. The progress we have made recently which allows gay marriage in all 50 states is wonderful progress but we can and should do much more to allow LGBT members the equality they

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).

This act was setup to address discrimination of protected classes (e.g. African Americans, Asian, Americans, Latinos, Native Americans, and women). The part of Title VII of the Civil Rights Act of 1964 that applies to employment decisions; mandates that employment decisions not be based on race, color, religion, sex, or national origin (Gmoez-Mejia & Cardy, 2013).” Discrimination is about the making of distinctions; in the context of human resources, it is about the making of distinctions among people. There are two type of discrimination. Disparate treatment is when an employee is treated differently because of his protected status. Adverse impact is when the same standard is applied across the board; however it impacts a protected class more (Gmoez-Mejia & Cardy, 2013).In the case of #1-2013 adverse impact could apply to the shift changes that were implemented in January 2013. As the shift changes applied to all production employees. This could be construed as unintentional discrimination. However we haven’t had any other complaints to date.The company must reasonably accommodate religious beliefs or practices; unless it creates undue hardship (e.g. costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work). There are several ways

There are laws now that allow LGBT same sex marriage in 35 states, but there aren’t any laws that protect them from other situations. A nondiscrimination protection means if a gay worker were to wear his/her wedding ring to their place of employment, they could be legally fired. We are all human beings trying to seek the same things, so what makes a heterosexual and a homosexual any different in the workplace? This isn’t an unnecessary law. In fact, we need to unite as one and help those who are being discriminated against for wanting the same things we all want. As a human, this shouldn’t even be an issue, but sadly enough it is a huge problem that needs to be addressed. “LGBT workers often cannot extend their health insurance coverage to their partners or children. Without family and marriage tax deductions, LGBT families may pay additional taxes” said Laura E. Durso, Director of CAP’s LGBT Research and Communications

Due to the recent decisions made by the U.S. Supreme Court ruling, the ACA’s nondiscrimination protection and insurance reforms have widened LGTB patients’, as well as their partners, access to the insurance market. The community can no longer be denied coverage based on sexual orientation, gender identity and pre-existing conditions such as HIV, substance abuse, smoking, and other conditions. Another example of individuals that the ACA

This newspaper article discusses how more business such as Walmart and the Apple store are beginning to call on office holders to reject the laws designed to give business the right to deny service based on one’s sexuality. This article gives an opposing view of my stance that businesses should be able to deny service. In addition, it justifies my argument that more people are becoming more excepting off the LGBT community, however only a small portion. The information from this site is accurate and had reliable information to support its research and argument. Furthermore, the article is geared toward all American people as its goal is to provide information of what corporations are doing to stop legislation denying service to the LGBT community. The corporations mentioned in the article have a huge voice and can make a large impact on government, as they hope to one day make a

Although, an employee’s sexual orientation/identity isn’t a visible characteristic, it should be considered an important of diversity management. Bower and Blackmon (2003) states that managing diversity, particularly when it comes to sexual orientation diversity, may be just as significant as managing visible diversity (as cited in Ozeren, 2014, p. 1203). Research of those who identify as LGB (not T), indicates that they’re a sizeable population. Gates (2015) states that “it is generally thought that between 8.2 to 8.7 million United States citizens identity as LGB citizens (transgender number are less well-known), or between 3.5 to 3.7 percent of the population” (as cited in Shrader, 2016, p. 181). For my term paper, I will explore the following questions: How is the U.S. currently responding to complaints filled by LGBT employees? What is the government doing to improve policies, laws, initiatives or statutes to protect this population? I will answer these question by performing

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

organizations in georgia the legal right to deny services and jobs to gay, lesbian, bisexual and transgender people in an effort

The Civil Rights act of 1964 along with Title VII gives employees the option to sue business owners based on color, race, sexual orientation, and religion. This act, rules on the fact, that individuals can take action if a discrimination or harassment issues happens at the employer’s workplace. It expands Civil Rights statues to provide more protection against people who are victimized due to discrimination. It sets the guidelines for job related issues due to disparate impact or treatment issues. However, this act does not assure that everyone who faces discrimination will be employed because frankly he is a minority. If it is felt that there is a possibility of

Title VII states that an employee cannot be treated differently because of sex unless sex is a bona fide occupational qualification (BFOQ). When used as a defense, bona fide occupational qualification (BFOQ) allows an organization to hire and employ individuals on the basis of the qualifications reasonably necessary to the normal operation of that particular business or enterprise. This paper will discuss the necessary steps employers must take in order to justify using sex as a discriminator when hiring employees and review some known cases where BFOQ was used as a defense.

Ferro, S., & Kaufman, A. C. (2016, April 15). How Corporate America Became A Major LGBT Ally. Retrieved April 17, 2016, from http://www.huffingtonpost.com/entry/corporate-america-lgbt-ally_us_570e5c22e4b08a2d32b8840b