can someone be fired for their sexual preference?

Question

I have a friend that was fired from his job because they found out he was homosexual... Is that legal? Are there laws that should have protected him from this? Is there action he can take?

I should add based on some of the answers that i have recieve A. They did tell him that his termination was due to the fact he was gay and B. they found out by other sources that were completely non work related and he has and would never bring his sex life into his work place. He worked there for years and no one knew because he is a professional that knows how to exercise professional conduct

Answer 1

Sexual Orientation Discrimination

Federal and state laws do not specifically prohibit discrimination against gay or lesbian persons in employment practices. However, there are some legal protections for people refused employment or otherwise discriminated against or harassed in the workplace because of their sexual preference.

To date, only 18 states have prohibited sexual orientation discrimination in private employment. Of these 18 states, only Minnesota extends this coverage to the transgendered by including protection on the basis of gender identity. Most state prohibitions against sexual orientation discrimination have been added to existing nondiscrimination or civil rights laws. In 1993, Minnesota chose this particular statutory method; California did so only in 1999, after relying on case law and labor law for many years.

Each of these state laws offers a definition of “sexual orientation,” although the definitions differ in their nomenclature and scope. Both states offer recourse to “open” and “closeted” gays, lesbians, and bisexuals. Only Minnesota, as noted above, prohibits discrimination against transgendered persons. Minnesota and California both exempt employers with very few employees and exclude discriminatory action that is related to a bona fide occupational qualification.

Generally, both states’ statutes provide that employers are not to consider sexual orientation in decisions that affect hiring, firing, or promoting an employee. Neither grants same-sex benefits. Employees who are unlawfully discriminated against may sue for a variety of remedies, including compensatory and punitive damages. In each state, the political context shaped the historical development of the current statute and the language of the law.

The Employment Non-Discrimination Act (ENDA) is a proposed U.S. federal law that would prohibit discrimination against employees by their employers on the basis of sexual orientation. Currently, California, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont, Washington and Wisconsin have state laws that prohibit such discrimination.

Proponents of the law intend it to address cases where homosexual employees have been fired from their jobs on the basis of their sexual orientation and were unable to find protection in the judicial system, due to sexual orientation not currently being recognized under federal law as protected.

Answer 2

I work closely with employee relations people in my job. Typically, it's hard to fire someone without their behavior being considered. I would be interesting in learning more about the case before I could answer. Did they tell him, "You are being fired for being homosexual."? Was he caught doing something innapropriate at work? I guess I just need more facts. However, if he was fired for something like being late too many times AFTER they found out he was gay, then the lines are blurred, and chances are, he won't be able to fight something like that. Usually, if an employer REALLY wants you gone, they can find a way to do it.

Answer 3

No he cannot be fired. He has a very good tort case for "sexual harassment" under "hostile work environment". If he can PROVE that he was fired for being gay he can make very good case under federal Civil Rights Act of 1964[1].

One exception to this if he was fired from US ARMY and he was an enlisted men or an officer.[2]

Answer 4

Pedophilia is definitely a sexual decision in that this is a sexual appeal which won't be in a position to get replaced and grew to become into not a call. it continues to be considered a psychological ailment or sickness via the APA, yet i'm fairly effective which will finally get replaced lots the comparable as homosexuality grew to become into. That being mentioned, from what I understand maximum people who're pedophiles do not act upon their appeal. some in spite of the shown fact that do, they create about victims and except this is shown that they are legally incapable of understanding suitable from incorrect, or in helping with their protection they could desire to pay the cost for breaking the regulation. regrettably there is taken under consideration one of those stigma linked to this appeal that many that could desire to income from expert help will in no way seek for it until eventually compelled to via the courts. A proactive mindset might certainly be of income to this small inhabitants of persons. i'm a parent via the way, and that i help sturdy penal complex sentencing for people who offend.

Answer 5

No. It is not legal. He needs to contact a lawyer specializing in the field of sex discrimination or at minimum, contact the local Labor Board.

Answer 6

He is protected by the law unless;

He was harrasing people
He was letting it affect his work
It was affecting other peoples work

What was his job and how did the firm find out he was gay in the first place?

Answer 7

I am just curious - what makes him think it is because he is homosexual? Maybe it is his imagination and he got fired for some other reason. Why would anyone bring up their sexuality at work anyway?

Answer 8

That is illegal in Canada. However, did they use some other excuse as to why they fired him? If they did use another excuse, they are covering their behinds and he probably won't be able to prove it was for his sexual preference. If they specifically told him that was why he was being fired, then yeah................take action.

Answer 9

Laws vary by state.

Many states have laws prohibiting discrimination based on sexual orientation. But it would depend on the state.

Answer 10

Why must homosexuals go around proclaiming the fact they are Gay? I don't run around screaming that I am Hetrosexual, its no one's business who I sleep with!!