Sexual Orientation

The major federal discrimination laws do not protect individuals who are harassed or fired from private employment on the basis of sexual orientation, and certain factors may allow discrimination in government jobs as well (e.g., a woman being fired, not because she is a lesbian, but because she married another woman). Policies against gay and lesbian employees exist within the teaching profession, as well as for police and military employees.

The fight to include discrimination based on sexual orientation, both real and perceived, continues. Eight states and the District of Columbia have legislated full protection against employment discrimination on the basis of orientation, and many city and local ordinances also prohibit such discrimination.

In states where discrimination against gays and lesbians is legal, some employees have been successful in creative lawsuits alleging that they were fired based on conduct otherwise proscribed by Title VII. Other arguments have been made that harassment due to sexual orientation is in violation of the equal protection and due process clauses of the Constitution.

If you have been harassed or fired because of your sexual orientation, the attorneys at Mehlman TerBeek LLP can help you devise a legal strategy to seek compensation and represent you in court if necessary. Call our office at 925-935-3575 to set up a consultation today.