Sexual orientation discrimination in the workplace examples of diversity - Diversity Training on Sexual Orientation and Gender Identity Issues

Sexual orientation discrimination in the workplace occurs when an employee is subjected to negative employment action, harassment, or denial of certain benefits because of their...

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If you find yourself in this situation, you may wish to speak with your company's human resources department, other supervisors and co-workers, or a local attorney to determine whether you can work with your employer to resolve this issue. The primary federal law protecting the right to take family or medical leave without losing your job and health insurance benefits, or suffering retaliation is the Family and Medical Leave Act FMLA , the definition of "spouse" did not historically include an unmarried partner.

In the absence of any legal protections, however, private sector employees are employed "at-will," which means the employer has the right to terminate your employment at any time, for no reason at all or for any reason including a bad one , so long as the reason is not illegal even if your performance has been outstanding. Recently, individuals who were terminated because of their sexual orientation have tried to sue for sex discrimination under Title VII of the Civil Rights Act of This allows the individual to take unpaid, job-protected, leave to care for their spouse or family member, including step-child or step-parent, even if the employee does not have in loco parentis day to day responsibilities over the individual or financial support.

While this ruling is recent and only the Supreme Court can give a conclusive interpretation, the EEOC ruling is still groundbreaking, and paves the way for further decisions much like this as Federal courts give EEOC decisions significant deference.

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