Employement

Gay individuals are not a protected class and, under federal law, have no recourse against employers for job actions based on their sexual orientation. A handful of states prohibit discrimination against homosexuals in employment, as well as some municipalities. Gay employees may have an action for employment discrimination in those jurisdictions. Additionally, sexual orientation is irrelevant to a claim of sexual harassment.

SIDEBAR: Homosexuals are not precluded from complaining of civil rights violations in employment situations where discrimination occurred because of sex or gender. Sex discrimination violates the Equal Protection Clause as well. Under the Constitution, discrimination on the basis of sex is prohibited; discrimination on the basis of sexual orientation is not.

EXAMPLE: Gay partners do not typically receive spousal benefits through their partner's employment since the definitions of "spouse," "husband" and "wife" in insurance coverage exclude same-sex relationships. This is not a civil rights violation. Some localities, such as San Francisco, require that organizations doing business with the city extend benefits received by spouses to workers with same-sex partners.

Can I be fired because I am gay?

Yes. If you are an at will employee, you can be fired for any reason or no reason as long as the basis for the termination is not discriminatory. Since only certain classes of people are protected from discrimination (and homosexuals are not), you are not being discriminated against in this situation.