Federal laws protect many groups from employment discrimination, including women, people over the age of 40, people with disabilities, and minorities. At this time, no federal law protects people from sexual orientation discrimination in private employment.
If There¿s No Federal Law in Place, What Protections Are There?
While federal law doesn¿t protect those in the private sector, federal employees are protected. That is, federal government employees are protected from sexual orientation discrimination. In particular, some states have created laws that prohibit sexual orientation discrimination.
What States Have Sexual Orientation Discrimination Laws?
An increasing number of states have passed laws that make sexual orientation discrimination illegal in the workplace. Some states have prohibited sexual orientation discrimination in both the private and public sector, while some states have only extended protections to public sector jobs.
States that Prohibit Sexual Orientation Discrimination in Both the Private and Public Sectors
A total of thirteen states have made sexual orientation discrimination illegal in all jobs, private and public. The states that have done so are the following:- California
- Connecticut
- Hawaii
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Hampshire
- New Jersey
- New York
- Rhode Island
- Vermont
- Wisconsin
- The District of Columbia
States that Prohibit Sexual Orientation Discrimination in Only Public Sector Jobs
The following eight states have prohibited sexual orientation discrimination in public sector jobs, but not private:- Colorado
- Delaware
- Illinois
- Indiana
- Montana
- New Mexico
- Pennsylvania
- Washington
Protections from Other Sources
In addition to state and federal laws, you may be protected by local city and county ordinances. Over 100 cities and counties have come up with laws making sexual orientation discrimination in the workplace illegal. Also, some companies have decided to prohibit sexual orientation discrimination with their own policies.
What if I Live in an Area with No Protections from Sexual Orientation Discrimination?
If you happen to live in a place that provides no protections for gays and/or lesbians, you may still be able to sue your employer on other theories of law. For example, you may be able to sue for harassment or wrongful termination.
Do I Need a Lawyer for My Sexual Orientation Discrimination Problem?
An experienced employment discrimination lawyer will know the laws in your area and can advise you of whether you have any protections from sexual orientation discrimination. Also, filing employment discrimination claims is a very difficult task with strict deadlines that must be met. A lawyer experienced in employment discrimination can help you file your claim and represent you in court. |
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