Federal Discrimination
Posted by Tamara
Many HR professionals agree that discrimination based on sexual orientation is a bad idea. However, there is no Alabama law, or federal law that prohibits job discrimination based on a person’s sexual orientation. This could change in the near future with the passage of ENDA by Congress. Even though there is no federal protection from this type of discrimination in private business and non-profit agencies, many already have polices banning the practice. Legislation is also under consideration in a number of states and on the federal level prohibiting the practice.
At this time in Congress the U.S. House of Representatives has passed the Employment Non-Discrimination Act (ENDA) that makes illegal discriminatory job practices based on a person’s sexual orientation. It is not likely that the bill will pass the Senate in 2008, however, if a Democrat is elected in November 2008 the bill is expected to pass.
Job discrimination based on a person’s color, national origin, race, religion or gender is protected by Title VII of the Civil Rights Act of 1964. Sexual orientation was most likely not considered a part of this because a person’s sexual orientation was not as much a national issue as it is today.
Other laws that enforce non-discrimination on the job are Sections 501 and 505 of the Rehabilitation Act of 1973, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Titles I and V of the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991.
Although there is no protection at this time in the private sector, there are laws that protect some workers of federal agencies and employees of businesses under a federal contract. The Civil Service Reform Act of 1978 protects civilian employees of federal agencies from discrimination based on personal conduct that does not affect their job performance in a negative manner. The Office of Personnel Management has defined personal conduct, in part, as activities involving a person’s sexual orientation.
Also, Executive Order 13087 directs that all private businesses and non-profit agencies under federal contract must take steps to eliminate discrimination on the job based on an employee’s sexual orientation.
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