Gay discrimination occurs when an employee is subject to harassing or the demeaning environment due to their sexual orientation. It happens when a gay in a workplace is subjected to negative employment activities which include denial of benefits which other people who are not gays are provided with, harassment, or use of discriminative words against them because of their sexual orientation or the sexual orientation of people they are close to. For several decades, there have been several instances of sexual orientation discrimination in workplaces in America. However, the Federal government, as well as the state governments, have not enacted adequate legislative rules which are aimed at protecting gays and lesbians within a workplace (Tilcsik 588). The governments also have not increased social awareness on gay rights so as to improve the situation gay discrimination. Therefore, gay and other people who are not heterosexual still face several obstacles and discrimination in workplaces. To improve the situation of gays in workplaces, it is imperative that employees and employers are made aware of what constitute to sexual orientation harassment.
Sexual discrimination can be as a result of other’s perception of an individual over their orientation. The perception may either be correct or not. This may occur either as a result of being gay or being related to a gay. Any form of discrimination as a result of the above has amounted to sexual orientation discrimination. The discrimination can happen in terms of differential treatment. Here, a gay or somebody related to a gay may face discriminative chances in acquiring a job, being promoted, being fired by their boss just because the boss feels that you are a guy and you do not deserve to be equal to others who heterosexuals. In some cases, gay individuals are wrongfully terminated, or face some serious negative employment actions which hinder their prosperity and equality in the job environment (Beatty 41). Some companies have come up with policies which directly discriminate gays and lesbians while other companies do not have such policies but they still exercise subtle discriminations. You may find out that your co-workers and your boss start to treats differently the moment they realize that you are a gay or a lesbian. These treatments may amount to harassments, sexual jokes, gestures, touching or grabbing, hostile comments, pressure for dates, sexual favors, and funny drawings or pictures which negatively portray specific sexual orientations. These among others amount to sexual orientation discrimination.
The only bold step the government has taken towards sexual orientation discrimination is allowing people of the same sex to marry. This was first evident in the renowned Obergfell v. Hodges case. Apart from that, they are no definite legislations which protect gays against discrimination in workplaces and in their daily lives. As Opposed to race, sex, age, religion, disability protections, sexual orientation is not yet protected by the federal government. More than two dozen states in the United States still do not have any definite law which protects the rights of homosexuals. Nonetheless, the legislative system is working their way to make laws which will protect homosexual discrimination. However, currently, there is no law by the federal government which protects gays against workplace discrimination (Pizer 715). Even though the Supreme Court made a ruling that allowed for marriage among LGBT Americans, homosexuals are still denied services to exercise they right for marriage. They also risk being fired the moment their bosses realize that they have married people of the same sex.
However, there are steps underway to enact the Equality Act, a Federal legislation which will ensure that LGBT are provided with permanent protection against discrimination in important aspects of their lives. The Equality Act provides for the protection of LGBT on matters related to employment, access to public places, housing, credit, Federal Funding, jury services and education. On the other hand, President Obama has pushed for laws which are aimed at ensuring that gays and lesbians are treated fairly in workplaces. On July 21, 2014, Obama assented to the Executive Order which provided that all federal workers, regardless of their sexual orientation, are treated equally (Pizer 715). There is also the Civil Service Reform Act of 1978 which provides that people should not be discriminated in terms of their sexual orientation.
Many federal employees are currently protected against discrimination in the workplaces. Recently, EEOC held a discussion to ensure that these laws protecting employees in the federal sector are also extended to the private sectors (Pizer 715). On the other hand, some states, countries and district, even without specific laws, have some executive orders which ensure that employees are not discriminated due to their sexual orientation. 22 states in the District of Columbia have enacted laws which explicitly protect LGBT workers from being fired or denied jobs due to their sexual orientations. However, this implies that there are still 28 states which allow employees to be fired just because of their sexual orientation. The Equal Employment Opportunity Commission (EEOC) has been endeavoring to pave legal avenues for individuals who have got claims of being discriminated due to their sexual orientation. In July 2015, EEOC was able to argue its case in support to the fact that sexual orientation discrimination is provided for in the Civil Right Act of 1964 (Tilcsik 512). The justice department has also provided a similar view to support EEOC arguments.
Works Sited
Tilcsik, Andras. "Pride and Prejudice: Employment Discrimination against Openly Gay Men in the United States1." American Journal of Sociology 117.2 (2011): 586-626.
Pizer, Jennifer C., et al. "Evidence of persistent and pervasive workplace discrimination against LGBT people: The need for federal legislation prohibiting discrimination and providing for equal employment benefits." Loy. LAL Rev. 45 (2011): 715.
Beatty, Joy E., and Susan L. Kirby. "Beyond the legal environment: How stigma influences invisible identity groups in the workplace." Employee Responsibilities and Rights Journal 18.1 (2006): 29-44.
