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Can a person be fired from their job just for being gay?

Is it legal where you live to fire someone just for being gay.


  • Total voters
    21

fantome profane

Anti-Woke = Anti-Justice
Premium Member
In the place where you live is it legal to fire someone from their job solely for being gay, bisexual, transsexual etc? In other words if the person is a fine employee with no complaints of their job performance, no other reason to fire them, but their employer found out they were gay would it be legal to fire them?

No ambiguity, someone walks into work one day and their employer tells them they are fired because they are gay. Is that legal where you live.

Please, before you answer if you are unsure of the law where you live do a quick google search and check. Some of you may be surprised.

Second question, what do you think of this? Would you support a law that protects employment rights and prevents people from losing their jobs just because of sexual orientation? Or do you think it is right that someone can lose their job for being gay?
 

dust1n

Zindīq
I could be wrong, but it doesn't appear that there is any employment discrimination laws based on sexual orientation here in the state. Most jobs here are at-will, which basically means you can almost be fired for any particular reason with no possible recourse.
 

fantome profane

Anti-Woke = Anti-Justice
Premium Member
I could be wrong, but it doesn't appear that there is any employment discrimination laws based on sexual orientation here in the state. Most jobs here are at-will, which basically means you can almost be fired for any particular reason with no possible recourse.
What state do you live in?

Are you saying that an employer can fire someone because they find out they are Jewish? Or if they get married to a person of another race?

And what do you think of this?
 

dust1n

Zindīq
What state do you live in?

Are you saying that an employer can fire someone because they find out they are Jewish? Or if they get married to a person of another race?

And what do you think of this?

Texas. Nah, discrimination can't be the basis for someone being fired for age, gender, national origin, disability or religion.... no protection for sexual orientation though.

"An “at-will” employee doesn’t have an employment contract. In Texas and most other states, most employees are assumed to be at-will hires. At-will employees can be terminated at any time, so just because you have a written contract doesn’t mean it overrides your standard “at-will” status. If the reason for termination is unlawful, such as discrimination against age, gender, national origin, disability or religion, it can be overturned, but if your employer decides to terminate you, there are few options for fighting it."

http://smallbusiness.chron.com/at-will-employer-employee-rights-2666.html
 

dust1n

Zindīq
What state do you live in?

Are you saying that an employer can fire someone because they find out they are Jewish? Or if they get married to a person of another race?

And what do you think of this?

Also pretty likely that people are going to assume that it's illegal and that they can't be fired for it, even though they can in many places in the USA.
 

columbus

yawn <ignore> yawn
No ambiguity, someone walks into work one day and their employer tells them they are fired because they are gay. Is that legal where you live.

Here in Indiana there are a couple of towns that include orientation in antidiscrimination statutes, but the state does not. So yes, generally speaking.

In practice, it is far more complicated. Most employers would manufacture another reason, if they wanted to fire you, due to bad publicity. But mostly, it just doesn't happen. Such employers don't get gay applicants, and there are not very many such employers. If I were looking for a job I would not apply to a Christian bookstore or Hobby Lobby. Hardly any one else cares.

Actually, many employers have better protection than the government. It's just good business.
Tom
 

picnic

Active Member
I wonder if US federal laws prohibit firing for sexual orientation? For example, there are rules about overtime, break periods, etc. that are federal. Some of these laws are so confusing that nobody will give a definite authoritative yes or no it seems.

I thought it was illegal to fire somebody for their sexual orientation, but I'm no expert.
 

dust1n

Zindīq
"The regulation of LGBT employment discrimination in the United States varies by jurisdiction. Many, but far from all, states and localities prohibit bias in hiring, promotion, job assignment, termination, and compensation, as well as harassment on the basis of one's sexual orientation. Fewer extend those protections to cover sexual identity.[1] Some cover government employees but do not extend their protections to the private sector. Protections at the national level are limited. There is no federal statute explicitly addressing employment discrimination based on sexual orientation or gender identity. However, the Equal Employment Opportunity Commission interprets Title VII of the Civil Rights Act of 1964 to cover discrimination against LGBT employees, as "allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex".[2] This interpretation in essence bars employment discrimination on the basis of sexual orientation in accordance with the Civil Rights Act of 1964.[3] In 2012 the Equal Employment Opportunity Commission ruled that Title VII of the Civil Rights Act of 1964 does not allow gender identity-based employment discrimination because it is a form of sex discrimination.[4] Then in 2015, the Equal Employment Opportunity Commission concluded that Title VII of the Civil Rights Act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination.[5][6] However, these rulings, while persuasive, are not binding on courts, and would need to be addressed by the Supreme Court for a final decision."

https://en.wikipedia.org/wiki/LGBT_employment_discrimination_in_the_United_States
 

Skwim

Veteran Member


fired-for-being-gay-2-670x547.png
 

Draka

Wonder Woman
The state of Iowa prohibits employment discrimination based upon: race, color, age, national origin, sex (including pregnancy, childbirth, medical conditions), disability (physical or mental), genetic information, sexual orientation, AIDS/HIV status, and gender identity.

One of the few states that actually not only includes sexual orientation but gender identity as well in its anti-discrimination laws.
 

dust1n

Zindīq
"The Williams Institute on Sexual Orientation Law and Public Policy aggregated a number of surveys to determine the extent to which gay and transgender workers experience discrimination and harassment in the workplace. Their findings illustrate that discrimination and harassment are pervasive:

  • Fifteen percent to 43 percent of gay and transgender workers have experienced some form of discrimination on the job.
  • Eight percent to 17 percent of gay and transgender workers report being passed over for a job or fired because of their sexual orientation or gender identity.
  • Ten percent to 28 percent received a negative performance evaluation or were passed over for a promotion because they were gay or transgender.
  • Seven percent to 41 percent of gay and transgender workers were verbally or physically abused or had their workplace vandalized.
Straight coworkers also attest to the presence of discrimination and harassment against LGBT workers. The Williams Institute’s report found that 12 percent to 30 percent of straight workers witnessed discrimination in the workforce based on sexual orientation.

Controlled experiments have found consistent evidence of workplace discrimination as well. When researchers send two sets of matched resumes to major employers, and one indicates the applicant is gay, employers warmly receive “gay” resumes far less often than “straight” resumes. Seven out of eight of these studies confirmed the existence of antigay employment discrimination.

Transgender individuals encounter workplace discrimination and harassment at even higher rates than gays and lesbians. Earlier this year, the National Center for Transgender Equality and the National Gay and Lesbian Task Force released a comprehensive study on transgender discrimination that revealed near universal problems at the workplace:

  • Ninety percent of transgender individuals have encountered some form of harassment or mistreatment on the job.
  • Forty-seven percent of workers have experienced an adverse job outcome because they are transgender. This includes:
    • Forty-four percent who were passed over for a job
    • Twenty-three percent who were denied a promotion
    • And 26 percent who were fired because they were transgender""

https://www.americanprogress.org/is...s-of-workplace-discrimination-and-harassment/
 

Shadow Wolf

Certified People sTabber & Business Owner
In Indiana you can be fired for any reason at all and without warning as it is an "at will" employment state. Your case is still reviewed for unemployment benefits, and it can be deemed your firing was unjust, but an employer can still fire you for anything and the paperwork you sign before getting a job makes this clear.
 

Adramelek

Setian
Premium Member
Where I live you can't be fired for being gay. However, apparently you can be fired for being openly Satanic or Setian. I have worked for my share of corporations, and have been fired from two of them for being openly "Satanic" / Setian. In their words, "we do not employ "Satanistic" or "demonic-worshippers". Homosexuals have a much better hand in todays work-a-day world than folks like me. I am self-employed right now, but should I go back into the corporate world I am keeping my personal beliefs and even my politics to myself.
 
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