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Sexual Orientation Discrimination. Project work done by: Fira Ismailova and Marina Yurovskaya. Supervisor: Svetlana V. Titova. Important Events.
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Sexual Orientation Discrimination Project work done by: Fira Ismailova and Marina Yurovskaya Supervisor: Svetlana V. Titova
Important Events • The gay community is an especially important part of San Francisco, CA and Greenwich Village, NY life. The Village has many gay bars, and each year there is a Gay Pride march. • Each year in June gays and lesbians prance and parade to celebrate Gay Pride Month.
Who is affected by Sexual Orientation Discrimination? LGBT 1) Lesbians 3) Bisexuals 2) Gays 4) Transgender
Major employment discrimination issues: Since 1996, Americans could be legally fired from jobs in 41 states simply because of their sexual orientation. This number was unchanged as of May 2000.
Among all full-time employed men ages 25-54, the median earnings of partnered gay men are $3,000 below the income of men partnered with women (married and unmarried). Thirty-six states do not prohibit employment discrimination based on sexual orientation.
"Employment discrimination strikes at the fundamental American value - the right of each qualified, hardworking individual to do his or her job and contribute to society without facing discrimination or being fired simply for who they are," said HRC (Human Rights Campaign) President Joe Solmonese. With the recent change in the makeup of both the House and Senate, the advocacy groups believe that they now have a real opportunity to pass the ENDA (Employment Non-Discrimination Act). The bill would protect individuals against workplace discrimination based on both sexual orientation and gender identity.
National Organizations The American Civil Liberties Union, the Human Rights Campaign and the National Gay and Lesbian Task Force are working together to engage more gay, lesbian, bisexual and transgender Americans in the national campaign to end workplace discrimination for LGBT workers. The campaign, which urges LGBT people who have faced job discrimination to share their story, will be used to boost lobbying efforts for the Employment Non-Discrimination Act, a federal bill which would protect LGBT people against workplace discrimination, and for similar state proposals.
Boy Scouts of America and Monmouth Council, et al., Petitioners v. James Dale • Dale, an Eagle Scout, filed suit in the New Jersey Superior Court, alleging, among other things, that the Boy Scouts had violated the state statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation. The case went to the New Jersey Supreme Court which ruled against the Boy Scouts, saying that they violated the State's public accommodations law by revoking Dale's membership based on his homosexuality. • The Boy Scouts appealed to the United States Supreme Court, which granted certiorari to determine whether the application of New Jersey's public accommodations law violated the First Amendment. Court Cases
Urvashi Vaid • Indian-born American citizen who is best-known for her 25 years dedicated to promoting civil rights to homosexuals. • She is an attorney and political activist who staged numerous protests. • She wrote an award-winning book “A Virtual Equality: the main streaming of gay and lesbian liberation.”
Coretta Scott King She is a widow of Martin Luther King, Jr. She was a civil rights’ activist who continued her husband’s legacy and fought against discrimination based on race, gender and sexual orientation.
Civil Rights Laws Title VII guaranteed protection against discrimination in employment on the basis of race, religion, gender, national origin, and disability. This applies to all companies with more than 15 employees. But the Civil Rights Act gave no protection for people on the basis of their sexual orientation.
State Law • As of October 1998, only 12 states in the USA have passed civil rights legislation protecting homosexual workers. They are CA, CN, District of Columbia, HI, MA, MN, NV, NH, NJ, RI, VT, and WI. • But, in 80% of the states, employers are perfectly within their rights to fire (or refuse to hire, or refuse to promote) an employee solely because of their sexual orientation. Heterosexuals, homosexuals, and bisexuals are all at risk of being fired.
Where we found the information Internet references: • The ACLU has a list of horror stories of employees who have been fired because they were perceived as being homosexual. See: http://www.aclu.org/issues/gay/gaystor.htmlThe ACLU has a list of municipalities which protect gay and lesbian employment. See: http://www.aclu.org/issues/gay/gaylaws.html OtherReferences: • Associated Press, "Shays Brings Back Legislation to Ban Anti-Gay Discrimination", 1997-JUN-10 (PM) • J.E. Rigdon, "Overcoming a Deep-Rooted Reluctance, More Firms Advertise to Gay Community,", Wall Street Journal, 1991-JUL-18, Page 1B • Press Release, Boy Scouts v. Dale: Case History , Lambda Legal Defense & Education Fund (on file with the author) • Sarah Kershaw, "New Wal-Mart Policy Protects Gay Workers," New York Times, 2003-JUL-2. at: http://www.nytimes.com/2003/07/02/national/02WALM.html?8br
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