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The Rainbow Clause:
Giving us the right to choose who; where; when; why; and how.
How Protected Are Gays; Lesbians; Bisexuals;
and Transgendered in the Workplace?
One would think that with the prevalence of
anti-discrimination laws that everyone is protected in the workplace. But
in the case of gays; lesbians; bisexuals, and transgendered that protection
could be scanty or non existent. Even companies that pride themselves on
diversity and non discrimination may unfailingly uphold policy when it comes
to race; gender; age; and disability - but turn an unseeing eye on discretions
related to sexual orientation and gender identity.
If you don't know if you are protected by
anti-discrimination laws in your workplace, there is good reason for it.
You see, there is no federal law that protects gays; lesbians;
bisexuals, and
transgendered from
discrimination in the workplace. Despite the fact that attempts have been
made to create such a law, and that laws exist to protect virtually every
minority group, gays; lesbians; bisexuals, and
transgendered have
had a hard battle to fight at work. But the absence of a national law does
not automatically mean that you are not protected.
Currently there are 15 states that have laws
prohibiting discrimination based on sexual orientation and gender identity.
These states include: California; Connecticut; Hawaii; Maine; Maryland;
Massachusetts; Minnesota; Nevada; New Hampshire; New Jersey; New Mexico;
New York; Rhode Island; Vermont; and Wisconsin. Illinois will enact similar
legislation in January of 2006. More states protect
gays; lesbians; bisexuals, and
transgendered in the workplace only.
These states include Colorado; Delaware; Indiana; Michigan; Montana;
Pennsylvania; and Washington.
In states with no protection, counties, cities
and municipalities may have laws in place. There are over 180 cities and
counties that have anti-discrimination laws in place pertaining to gays and
lesbians. Individual companies may also have laws in their rulebooks. So,
you may be protected even if there is no law for the state, city or county
in which you live.
In cases where there are no protections, other
laws may be able to afford you some sort of protection from workplace harassment.
These laws include assault, battery, and harassment legislation. You may
also be able to file a wrongful termination case if you can prove that there
was no other reason for your dismissal other than your sexual orientation.
In all of these cases, though, evidence is hard to come by and even harder
to prove.
In the end, gay and lesbian anti-discrimination
laws are inadequate at best. While many states have taken action to protect
gays in the workplace, their numbers are the minority. What is needed is
a federal law to give voice to the millions of
gays;
lesbians; bisexuals, and
transgendered in the workforce.
Why this law has not been implemented is anybody's
guess. Perhaps legislators feel that this type of discrimination does not
occur frequently enough to warrant their attention or maybe they feel that
gays;
lesbians; bisexuals, and
transgendered are not important enough to protect. Whatever the
case, their reasoning is hopelessly flawed. Stand up and fight for your rights
today. Nobody should have to face a cruel and harsh workplace based on any
reason - and especially not based on their sexuality.
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