Sexual orientation is a personal quality that is protected from discrimination. If you're wondering, "is Sexual orientation is not a federally protected class orientation a protected class," the answer is yes.
The Federal Government's equal opportunity employment policy was amended in by President Clinton to include sexual orientation as a protected class. Under federal law, sexual orientation is not a protected class, however, many state and local laws consider it to be. Sexual orientation is now a protected class, and discrimination based on an a person's sexual orientation is prohibited by law.
Discrimination based on one's sexual orientation is a form of sex discrimination. The Civil Rights Act states that it is unlawful to discriminate against a person based on their:. In a recent court case, Hively v. Since then, sexual orientation is a protected class, just like gender and race. Discrimination against men and women based on their sexual orientation is based on employers' and individuals' expectations on how the given sex or person with certain sexual orientation will behave, and results in prejudice.
If an employment decision is made based on the fact that the person behaves, dresses, or speaks differently, it is a case of discrimination, and — as sexual orientation is a protected class — is against the law. Making sexual orientation a protected class is in line with the position of the Equal Employment Commission. According to the commission, the prohibition of discrimination based on sexual orientation and sexual identity, according to Title VII is in line with civil rights legislation and federal, state law, as well as human rights legislation.
Employment discrimination policies in the past did not cover the rights of lesbian, gay, bisexual, and transgendered LGBT workers, and this resulted in several cases of prejudice and discrimination.
The LGBT community's rights have only gained recognition in recent years. Employers now pay more attention to the needs of the LGBT community. There are several legislations and laws that aim to protect members of this protected group from sexual orientation-based discrimination in the workplace. Current federal laws prohibit employment discrimination that is based on the following protected statuses:.
Unfortunately, federal legislation does not cover Sexual orientation is not a federally protected class orientation as a protected class. There is a proposal in front of the Congress, however, to introduce a bill within the Employment Non-Discrimination Act ENDA that would make discrimination based on sexual orientation by employers illegal. Currently, members of the LGBT community working in the private sector do not have any legal protection provided by federal law.
Those working in the public sector, however, are protected based on their sexual orientation and gender identity. The origin of the federal legislation concerning sexual orientation diversity as a protected class date back towhen President Clinton made an amendment to an executive order to include "sexual orientation" as an additional protectted class in the equal opportunity policy of the Federal Government.
This executive order amendment has resulted in the protection of LGBT community members in the public sector. Following the initiatives of President Clinton, President Obama introduced a new federal employment legislation that covered gender identity, and made it a protected class under legislation in The remedies related to gender identity, however, are more limited than those related to sexual orientation.
You also need to know that even though there is no federal law that prohibits discrimination based on sexual orientation, employers still need to adhere to company, state, and local policies and act based on their ethical principles. If you are an employer, you always have to check your state's legislation when creating anti-discrimination policies. Up tothe following states introduced policies to protect employees from discrimination based on gender identity and sexual orientation in both the public and private sector:.
The following states have legislation to protect private sector employees from discrimination based on sexual orientation, but have no law concerning discrimination based on gender identity:.
Further to federal and state legislation, around cities and counties in the United States have laws that prohibit sexual orientation — based discrimination in the workplace. It is recommended that you contact your state labor department and fair employment office to learn the specific antidiscrimination labor legislation that applies to your geographic area.
Apart from adhering to local, state, and federal antidiscrimination law, some companies take an initiative to create their own diversity and equality policies that protect individuals with diverse gender identity or sexual orientation from discrimination.
Creating a company policy promotes a positive culture and helps the company make ethical decisions. If a company has an antidiscrimination policy in place, an employee — if they feel that they Sexual orientation is not a federally protected class been discriminated against based on their protected class — can contact the human resources or the management to resolve the issue and report the breach of the policy to their supervisor.
If the employee's concern is not dealt with in the manner that is described by the company's policies, the person can then submit a legal claim against their employer stating that the employment contract has been breached by the company.
It is a requirement for all employers to make fair human resources decisions based on the performance, abilities, and achievements alone, without prejudice or bias. There are different forms of discrimination based on sexual orientation, including harassment, defamation, breach of employment contract, unfair treatment, victimization, the violation of public policies, privacy invasion, intentionally or negligently inflicting emotional distress, and — in more serious cases — battery or assault.
If you would like to learn how you can create your equal opportunities and anti-discrimination policies, you should talk to a specialist employment attorney. There are an increasing number of court cases claiming that employers violated Title VII of the Human Rights Act based on sexual orientation and gender identity.
Several proposals have been made since to adapt a legislation to prohibit employers from discriminating based on gender identity and sexual orientation.