Measures are emerging to protect gay and lesbian workers from discrimination in the workplace.
Although women, minorities, people older than 40 and people with disabilities now enjoy an umbrella of state and federal protections from discrimination in the workplace, gays and lesbians have, for the most part, been left out in the rain, at least at the national level. There is no federal law that specifically outlaws workplace discrimination on the basis of sexual orientation in the private sector -- although federal government workers are currently protected from such discrimination.
At the state level, however, there is more cause for hope. Thirteen states have laws prohibiting sexual orientation discrimination in both private and public jobs: California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Rhode Island, Vermont and Wisconsin. The District of Columbia also prohibits sexual orientation discrimination in both the public and private sectors. In addition, eight states have laws prohibiting sexual orientation discrimination in public workplaces only: Colorado, Delaware, Illinois, Indiana, Montana, New Mexico, Pennsylvania and Washington.
If you are gay or lesbian and your state does not have a law that protects you from workplace discrimination, you may still be protected by city and county ordinances. There are at least 124 cities and counties that prohibit discrimination in the workplace on the basis of sexual orientation -- from Albany, NY, to Ypsilanti, MI. In addition, some enlightened companies have adopted their own policies prohibiting such discrimination.
If there are no specific laws protecting you from sexual orientation discrimination, you may still have other causes of action. Depending on the exact nature of the discrimination, you may be able to sue your employer -- or your co-workers -- on a number of legal theories that apply to everyone, including gay men and lesbians:
* intentional or negligent infliction of emotional distress
* harassment
* assault
* battery
* invasion of privacy
* defamation
* interference with an employment contract, and
* wrongful termination.
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