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Sexual Orientation Discrimination: Your Rights

Many state and local measures protect gay and lesbian workers from discrimination in the workplace.

Sexual orientation discrimination includes being treated differently or harassed because of your real or perceived sexual orientation -- whether gay, lesbian, bisexual, or heterosexual. This type of discrimination may be illegal in your workplace, depending on where your work is located.

Federal Law

Although federal laws protect people from workplace discrimination on the basis of race, national origin, sex, age, and disability, there is no federal law that specifically outlaws workplace discrimination on the basis of sexual orientation in the private sector. (Federal government workers are currently protected from such discrimination, though.) Attempts to pass a piece of federal legislation that would outlaw sexual orientation discrimination in private workplaces have been unsuccessful to date.

State Laws

There is more hope at the state level. Almost half the states and the District of Columbia have laws that currently prohibit sexual orientation discrimination in both public and private jobs: California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. In the meantime, at least one court case found that sexual orientation discrimination is prohibited under the state’s constitution (Tanner v. Oregon Health Sciences University, 157 Ore. App. 502, 971 P.2d 435 (1998)).


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