Sexual Orientation

Will Congress finally greenlight LGBT rights in the workplace?

April 29, 2013 | by Eric B. Meyer

Discrimination is just plain wrong. It is shocking that there is still anywhere in America where it is legal to fire someone for their sexual orientation or gender identity. Americans understand that it’s time to make sure our LGBT friends and family are treated fairly and have the same opportunities as all Americans. Now it’s time for our laws to catch up. People should be judged at work on their ability to do the job, period.

— Senator Jeff Merkley (D-OR)

Last week, Senator Merkley together with Senators Mark Kirk (R-IL), Tom Harkin (D-IA), Susan Collins (R-ME) and Tammy Baldwin (D-WI), reintroduced the Employment Non-Discrimination Act (ENDA). (The same version of ENDA has bipartisan sponsorship in the House as well).

Title VII of the Civil Rights Act currently makes it unlawful for employers to engage in sexual stereotyping. ENDA, which has been introduced in every session of Congress save one since 1994, would expressly prohibit employers from firing, refusing to hire, or discriminating against those employed or seeking employment, on the basis of their perceived or actual sexual orientation or gender identity.

The importance of addressing sex stereotyping in the workplace

April 8, 2013 | by Eric B. Meyer

Many states and localities have laws forbidding discrimination on the basis of sexual orientation (LGBT).

But Title VII of the Civil Rights Act, one of the federal laws barring discrimination in the workplace, law does not prohibit it.

What Title VII does make unlawful, however, is stereotyping based on a person’s gender non-conforming behavior (i.e., a man who appears effeminate, or a “manly” woman). As a Virginia federal court (here) re-emphasized last week, sex stereotyping is central to all discrimination:

Flyer claims Chick-Fil-A asks potential hires about sexual history

March 13, 2012 | by Eric B. Meyer

Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states:

Remember Chick-Fil-A is a Christian company. We strive to have our values reflected in our employees. Please be prepared to discuss your religion, family history, personal relationships etc. upon interviewing. Chick-Fil-A reserves the right to question, in detail, your sexual relationship history. The Bible and Chick-Fil-A, define a traditional relationship as consisting of a man and woman. Anyone living a life of sin need not apply. The Chick-Fil-A Foundation. God, Family, Tradition.

The flyer and video have since gone viral. However, Chick-Fil-A, which has a stated corporate purpose to “glorify God by being a faithful steward of all that is entrusted to us,” responded by posting on the wall of its Facebook Fan page (incidentally, 4,960,921 people “like” Chick-fil-A) that the flyer and video were BS. Given the company’s religious leanings, the comments beneath Chick-Fil-A’s status update are rather polarizing.

How do PA, NJ, and DE address discrimination based on sexual orientation?

October 3, 2010 | by Eric B. Meyer

Recently, I read an article by Bob Egelko in
the San Francisco Chronicle about a speech from U.S.
Supreme Court Justice Antonin Scalia in which he told law
students from U.C. Hastings that the 14th Amendment to the U.S.
Constitution, which guarantees equal protection to all U.S.
citizens, do not preclude discrimination based on sex. Justice Scalia
believes that the drafters of the Constitution did not have sex
discrimination on the brain when they passed the 14th Amendment.