Employers should not make decisions about workers based on personal characteristics protected under the law. Certain protected characteristics are relatively obvious, even to casual observers.
Employers can usually deduce an individual’s age, sex and race from even cursory interactions with them. However, other protected characteristics may be less obvious. Unless a person wears religious clothing or jewelry, employers may not necessarily know what faith they observe. Similarly, it may be difficult for employers to tell when a professional is homosexual.
A professional could have their job for months or even years without their employer learning about their sexual orientation. Could people be at risk of losing their jobs if their employers learn about their sexual orientation?
Orientation is a protected characteristic.
Gay men and lesbians have the same rights as anyone else. Federal statutes prohibit discrimination based on sex, and Ohio state law reinforces protections for people who are same-sex attracted.
As a protected characteristic, homosexuality should not factor into employment decisions. Workers should not lose opportunities because of their sexual orientation. Employers should not fire them, refuse them promotions or deny them employment initially due to their orientation. In scenarios where a professional can show that the discovery of their same-sex attraction caused their termination, they may have grounds for a discrimination lawsuit against their former employer.
Reviewing what led to a firing can help professionals stand up for themselves after a violation of their rights. Those who experienced discrimination on the job may have the right to take legal action to seek reinstatement or compensation for the harm related to their firing.