Sexual orientation as a protected class essay

March 18th, Sexual orientation and gender identity are conceptually different from race, and beliefs about marriage as the union of man and woman are conceptually and historically different from opposition to interracial marriage. As I explain in one of the two reports I have submitted to the Commission, all citizens should oppose unjust discrimination, but the Employment Non-Discrimination Act is not the way to achieve that goal. It creates new, subjective protected classes that will expose employers to unimaginable liability, and it would increase government interference in labor markets in ways that could harm the economy. It would also threaten the freedom of citizens and their associations to affirm their religious or moral convictions, such as that marriage is the union of one man and one woman and that maleness and femaleness are not arbitrary constructs but objective ways of being human.

Sexual orientation as a protected class essay

Homosexuality as a protected class Timeline of legislation making sexual orientation a protected class.

Homosexuality as a protected class

For the current status of hate-crime and human rights laws in all U. Eight years after homosexual behavior was decriminalized across Canada, Quebec became the first jurisdiction in North America to add sexual orientation to its Human Rights Act, R.

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Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap.

Department of Human Rights supervisor Gary Gorman said that both disability and sexual orientation are " The Act's sexual orientation provision covers not only those who are gay or lesbian, for example, but also, those who are perceived to be so.

Sexual orientation as a protected class essay

They can discriminate on the basis of sexual orientation in hiring clergy and other religious staff, in including people as members of the church, and in selecting students for education in church-run facilities. So, for example, they could expel a student who had attended their parochial school for some time and who just revealed that they were gay.

But religious groups are not allowed to discriminate in hiring bookkeepers, janitors, and employees for other assignments where the job does not involve religion.

Like all other human rights acts of which we are aware, Minnesota's law does not give gays, lesbians and bisexuals any special privileges. Elaine Hanson commented that many people misunderstand the scope of the law and believe that it "extends some special or extra rights to gay people.

That is absolutely not true. The state's Department of Human Rights' web site states: In one such case, a male employee who worked as an entertainer in a gay bar was fired, allegedly because he was spending time off duty in the company of females.

The department found probable cause to believe the presumed heterosexual employee was a victim of discrimination based on his sexual orientation. The Supreme Court of Canada ruled in Egan v.

Canada that the exclusion of a gay couple from the Old Age Security Act was a violation of Section 15 of the Charter of Rights and Freedoms -- Canada's federal constitution.

This affects the section that deals with equality rights. The ruling stated, in part: I would therefore find the impugned distinction to be discriminatory within the meaning of s. That is, the term was not originally in the Charter.

However, afterthe Charter is to be interpreted as if the term is in place.

Sexual Orientation Discrimination in the Workplace - FindLaw

The term "sexual orientation" was added to the Federal Human Rights Act as a protected class. It added "sexual orientation" to an existing list of protected classes in the state's Human Rights law.

Subsection 2 similarly prohibits discrimination in education, public accommodation and housing. The New York human rights law has a broad and precise definition of "sexual orientation.

However, nothing contained herein shall be construed to protect conduct otherwise proscribed by law.In its recent marriage decisions, the Supreme Court wisely declined to hold—as did the lower court in one of the two cases—that “sexual orientation” was a constitutionally “suspect” class, comparable to classes of race, color, and ethnicity.

Sexual orientation discrimination is also sex discrimination because it is associational discrimination on the basis of sex. That is, an employee alleging discrimination on the basis of sexual orientation is alleging that the employer took the employee's sex into account by treating him or her differently for associating with a person of the.

Jul 26,  · The Justice Department filed an amicus brief saying that Title VII of the Civil Rights Act doesn't cover employment "discrimination based on sexual orientation.".

Sexual orientation as a protected class essay

Sexual Orientation and Gender Identity Are Historically Different From Race. While it is unclear which religious organizations would be protected from ENDA, it is clear that the bill would not protect those who wish to run their businesses and other organizations in keeping with their moral or religious values.

This essay is adapted. sexual orientation is the ‘direction of one’s sexual interest towards members of the same, opposite, or both sexes,’ and it seems that this definition is widely accepted.” (footnote omitted)). Sexual orientation is an enduring emotional, romantic, sexual or affectional attraction to another person.

It can be distinguished from other aspects of sexuality including biological sex, gender identity (the psychological sense of being male or female) and the social gender role (adherence to.

Sexual Orientation as a Protected Class | Essay Example