Sexual Orientation Discrimination

Sexual orientation discrimination is an evolving area of the law, with case law and statutes still catching up to the realities many employees face.

Discrimination based on sexual orientation occurs when an employer discriminates against an employee based on the employee’s sexual orientation or perceived sexual orientation.

In May 1998, the Office of Personnel Management issued Executive Order 13087 which prohibits discrimination based upon sexual orientation within Executive Branch civilian employment of the federal government. The order effectively added sexual orientation to race, color, religion, sex, national origin, handicap, and age as a category under which discrimination is prohibited. Specifically, the order provides that a person's sexual orientation “should not be the basis for the denial of a job or a promotion.”

Furthermore, there are State and City laws which also prohibit discrimination against an employee based on his or her sexual orientation. Anyone who thinks they have been discriminated against based on sexual orientation should consult an attorney to discuss the specific facts of his or her case.