Uncle Flo (imported) wrote: Fri Nov 23, 2012 8:58 am
Unfortunately, in the U.S. it is not illegal to fire someone because of their sexual orientation or gender status. I presume this is true in most countries. --FLO--
Dear Uncle Flo...
This blanket statement is NOT accurate. In MANY instances, especially in Federal jobs, this type of discrimination is illegal, and this varies from state to state. Let me explain...
The rules against discrimination in Federal jobs was established by executive order during the Clinton administration. Information may be found here... (
http://www.opm.gov/er/address2/guide01.asp) There is a LOT of information here, too much to cut and paste...
In the private sector in America job protection in relation to sexual orientation or gender identification varies from state to state. More information regarding the state that concerns you may be found in this PDF file. (
http://www.google.com/url?sa=t&rct=j&q= ... ation%20la ws%20in%20u.s&source=web&cd=9&cad=rja&ved=0CF8QFjAI&url=http%3A%2F%2Fwww.irem.org%2Fpdfs%2Fpublicpolic y%2FAnti-discrimination.pdf&ei=llKuUJmtGLS60AGaqYDIDw&usg=AFQjCNFJsm0tZ39I2uw-uJbtGZP0V9ZhWQ)
According to THIS SITE>... (
http://employment.findlaw.com/employmen ... place.html)
Federal Law versus Local Law
There are federal laws that protect against workplace discrimination based on race, sex, national origin, age, religion, pregnancy status, and disability. Unfortunately, there is currently no federal statute prohibiting private sector sexual orientation discrimination in the workplace. However, if you work for the federal government, you are protected from sexual orientation discrimination. Several proposals to enact a law protecting employees from sexual orientation discrimination have been considered, with no success in them being passed.
...which tends to be the general rule everywhere. Sometimes, even in states with no such discrimination protection, certain businesses have internal policies prohibiting such behaviors and practices. If a company violates its own internal policies in many cases this can provide a basis for civil legal action. In all cases contact the EEOC in your area to consult an attorney (or paralegal) on staff to see if you have a case.
I personally know of a case where a young Gay gentleman had thyroid cancer, took a FMLA leave and was fired upon his return to the workplace. The particular workplace had in place outdated policies and procedures and in addition even those policies and procedures were not readily available for employees to view. The company was fined and the gentleman was given permission to file a federal discrimination lawsuit. So, you see if an employer discriminates and in doing so violating a federal law, it make no difference what their motives were, they are still in violation regardless of their motivation.
In such a position, and finding one's self being treated unfairly, regardless of circumstance, one should get a spiral-bound notebook, keep it at home in a safe place, and document with dates, names and facts on a daily basis. Such documentation is admissible in a court of law. One can even keep it on a flash drive and back it up daily at home as an unerring practice. In this manner you may add to your documentation but be sure not to let it be known what you are doing. If your immediate supervisor catches you doing this they will without exception find it extremely threatening. This is because usually in a company a supervisor is responsible for compliance with all company policies and applicable laws regarding employment.
moi, in California you should obtain a legal opinion regarding what you describe. What you are describing sounds illegal according to California statute.
In Mexico, however, I know of no discrimination rules unless you happened to be working for a company that has them in place in their own policies and procedures. If this is the case, your protection may be limited to the company appeal procedures.
Usually, as a rule, one who feels that they have been discriminated against should in all cases seek redress via the appeal mechanisms in the company before contacting an outside agency for help.
Chances are, if you have been discriminated against in a workplace, you are not the first one who has had this experience. There is strength in numbers and cases are strengthened by establishing patterns and practices by the employer. Network with whomever you can to find the names of people who have been treated similar to you. Class actions are a dreaded, strong, legal case.
CLICK HERE TO FIND OUT MORE... (
http://www.google.com/#hl=en&tbo=d&scli ... +laws+in+u. s&oq=sexual+orientation+job+discrimination+laws&gs_l=serp.1.2.33i29l4.98052.103101.0.108199.19.18. 0.0.0.4.878.4527.1j12j2j5-2j1.18.0.les%3Beqn%2Crate_low%3D0-035%2Crate_high%3D0-035%2Cmin_length%3D2%2Ccconf%3D1-2%2Csecond_pass%3Dfalse%2Cnum_suggestions%3D1%2Cig nore_bad_origquery%3Dtrue%2Conetoken%3Dfalse..0.0. ..1c.1.gKNuKR9k_mM&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.&fp=9c1c7a74a90eb2f8&bpcl=38897761&biw=1024&bih=629)