Sexual Orientation and Gender Identity Discrimination in the American Workplace: Legal and Ethical Considerations
International Journal of Humanities and Social Sciences
ISSN or ISBN
This article examines the legal, ethical, practical ramifications of discrimination in the workplace based on sexual orientation and gender identity. The authors discuss discrimination in the workplace covering 1) federal law, arising from statutes, executive orders, and case law,as well as proposed federal statutory law, 2) state law, and 3) local government law. The article also examines certain contractually based company policies covering discrimination against sexual orientation and gender identity. Questions of morality and ethics are never far removed from debates about expanding the rights of gay, lesbian, bisexual, sexually transitioning, and transgender people. Accordingly, this article provides an ethical analysis of expanding employment protections based on sexual orientation and gender identity. The authors will discuss the practical implications for employers based on the current state of sexual orientation discrimination law; and finally, based on the legal and ethical analysis furnished herein, the authors will make appropriate recommendations to employers. Amending Title VII of the Civil Rights Act to encompass protection against discrimination against gay, lesbian, bisexual, sexually transitioning, and transgender individuals will ensure that all people have equal access to the same employment opportunities, benefits, and protections, as well as fair and unbiased treatment in the employment environment. In order to achieve the goals of fair and equal treatment, as well as to promote diversity, inclusion, and mutual understanding and respect, all employees must have the full protection of civil rights law
Cavico, Frank J.; Muffler, Stephen C.; and Mujtaba, Bahaudin G., "Sexual Orientation and Gender Identity Discrimination in the American Workplace: Legal and Ethical Considerations" (2012). HCBE Faculty Articles. 484.