Do Employment Laws Cover Gays & Lesbians?
Employment laws may cover discrimination in the workplace based on sexual orientation depending on the state a worker lives in. Discrimination relates to any employment-related decision including hiring, firing, wages, working conditions and promotions. An employee who believes she is the target of discrimination may be able to sue her employer in civil court and seek both compensatory and punitive damages.
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Federal Discrimination Laws
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Federal labor laws protect workers against discrimination based on age, gender, race, skin color, disability, national origin, religion and marital status. As of April 2011, no law exists at the federal level to provide similar protection in cases involving discrimination based on sexual orientation. Attempts to amend the Civil Rights Act to include sexual orientation as a protected class under the law have thus far been unsuccessful. Each state across the country is free to amend discrimination to include sexual orientation but is not required to do so.
State Discrimination Laws
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As of April 2011, about half of the states in the country have laws in place to prohibit discrimination based on sexual orientation in public or private employment. These states include California, Maryland, New Jersey, Colorado, New York and Massachusetts. Five other states -- Pennsylvania, Montana, Michigan, Delaware and Indiana -- prohibit discrimination based on sexual orientation for public employers. Discriminating against an employee in these states could leave employers open to civil lawsuits and hefty fines.
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Company Policies
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Each employer is free to create a policy for dealing with discrimination in the workplace including discrimination based on sexual orientation. These policies are employed to ensure employees are treated fairly by management and considered equally for promotions. A work environment free from discrimination improves employee morale, strengthens workplace relationships and generates a higher level of worker productivity. Companies usually take a zero-tolerance stance when it comes to discrimination choosing to immediately terminate an employee who commits such an act rather than face potential legal repercussions from a lawsuit.
Workplace Harassment
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A state may not have a law relating specifically to discrimination based on sexual orientation, but that doesn't mean workers can harass an employee because of his sexual orientation. Harassment not only brings down worker morale and lowers productivity, it's also a crime. Workplace harassment is a violation of the Civil Rights Act of 1964. An employer who permits a hostile work environment may be open to a civil lawsuit from an affected employee. The employer may also incur fines from federal and state agencies for allowing harassment to continue without appropriate disciplinary action.
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