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Discrimination Based on Sexual Orientation

An employee feels that he/she has been discriminated against on the basis of sexual orientation. What, if any, law is available to protect the employee against such discriminatory animus? Can Title VII be utilized for protection? Should Title VII be amended to specifically include protection against discrimination based on sexual orientation? Lastly, should employers provide protection against sexual orientation discrimination regardless of whether or not statutory protection exists?

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Discrimination Based on Sexual Orientation


Discrimination based on sexual orientation refers to being treated differently or being harassed because an individual self-identifies as, or is even perceived to be, gay, lesbian, bi-sexual, transgendered, etc. This discrimination can be seen in areas such as hiring and firing. Differential treatment refers to the way that an individual is treated compared to other employees in the same setting. Harassment is severe or persistent offensive behavior toward an individual that makes the ...

Solution Summary

This solution of 338 words defines discrimination based on sexual orientation, discusses the federal law, state and local law, company policy as well as the Civil Rights Act of 1964.