"Who to reach?" vs "What is our program?"

Justin Schwartz jschwart at freenet.columbus.oh.us
Thu Jun 11 18:09:44 PDT 1998


On Thu, 11 Jun 1998, Wojtek Sokolowski wrote:


> At 01:48 PM 6/11/98 -0500, Joseph Noonan wrote:
> >Are yoy joking? You can be fired from any job for being queer at
> >anytime and you have no recourse under civil rights law.
>
> Isn't that wrongful termination that is illegal?

Under Title VII, the courts of appeals have uniformly rejected the idea that discrimination on the basis of sexual orientation is sex discrimination in employment, prohibited under that statute. That's probably right both in terms of the intent of the enacting Congress and subsequent Congresses. Some states and many municipalities have protection for sexual orientation. Also, the S.Ct recently held that same-sex sexual harassment was sex discrimination. ANd after Romer v. Evans (striking down the Colorado anti-gay amedndment as irrational because based on mere animus) it would probbaly be unconstitutional for a _public_ employer to fore you because of your sexual orientation. This has not been tested.

--jks



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