Sexual Orientation Discrimination

Sexual orientation describes a person's enduring romantic, emotional, affectionate, and sexual attraction towards others. It is distinguishable from one's biological sex, gender identity, and social gender role. Sexual orientation exists on a continuum from exclusive heterosexuality to exclusive homosexuality, with varying degrees of bisexuality in between. Typically, orientation emerges in early adolescence without any prior experience. Feelings and emotional leanings may occur first, without a person actually acting on their emotions for a long time, if ever.

Contrary to popular belief, homosexuality is not changeable by therapy. Conversion techniques are not successful and actually hurt the person in treatment, by engraining social biases and prejudices. Unfortunately, even if a homosexual or bisexual person does not undergo damaging treatment to convert them to heterosexuality, many still experience the negative effects of intolerance and discrimination based on their sexual preferences.

In the United States, there are currently no laws to protect employees against discriminatory practices based on sexual orientation in the private sector. Title VII of the Civil Rights Act of 1964 guards workers against harmful workplace actions based on race, sex, religion, color, and national origin. Additional amendments and acts since the 1960's have expanded protection to age, disability status, and sex-based wage discrimination. At this point in history, however, only federal government employees are sheltered from workplace orientation discrimination.

On the positive side, several states currently have laws in place designed to safeguard the rights of homosexual and bisexual employees in the workplace. Discrimination based on amorous preference is illegal in 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. Additionally, one court case, Tanner v. Oregon Health Sciences University, has found that sexual orientation discrimination is prohibited under the state constitution. Other states, including Delaware, Indiana, Michigan, Montana, and Pennsylvania, also have legal rules preventing workplace inequity in the public sector. Finally, the Sexual Orientation Non-Discrimination Act (SONDA) prohibits discrimination based on actual or perceived orientation in New York. SONDA came into effect in 2003 and provides a legal avenue for parties experiencing discriminatory practices to pursue action against the unfair workplace procedures.