Mployment LawSexual Orientation Discrimination in the Workplace
a? Thesis Statement
Discrimination based on sexual orientation has been prevalent for many years in employment. Sexual orientation or sexual preference was a topic that many people avoided for fear of retaliation. Employers do not have the right to discriminate against an individual based on his sexual orientation or preference. Who a person is involved with should not have any bearing on qualifications or work ethics.
a? Literature Review
The Equal Opportunity Employment Commission enforces the prohibitions against employment discrimination in Title VII of the Civil Rights Act of 1964. The EEOC has held that discrimination against an individual because that person is transgender (also known as gender identity discrimination) is discrimination because of sex preference (U.S. Equal Opportunity Employment Commission).
In the case of Mia Macy v. Eric Holder, the complainant filed a complaint alleging employment discrimination. This complaint was based on gender identity. Mia Macy was a transgender police detective from Phoenix, Arizona. She decided to relocate to San Francisco, California due to family reasons. At the time of transfer the complainant was still known as a male. The complainant applied for a position with the Alcohol, Tobacco, & Firearm at the Walnut Creek Crime Lab. Macy spoke with the director as a man & discussed her qualification. She followed up a month later to check the status of the position. She was reassured that the position was hers pending the outcome of a background investigation. Macy then informed the agency that she was in the process of gender reassignment. She was then told that the position was withdrawn due to budget cuts. After careful investigation the complainant learned that the position was not withdrawn but offered to another candidate. The reasoning was that the other candidate was farther along in the background investigation process. The complainant felt that she was discriminated against because of her gender reassignment status. She then contacted the Equal Employment Opportunity Commission to file a complaint. She was exercising her rights under Title VII of the Civil Rights Act of 1964.
In general a person should not be discriminated against based on sexual orientation or reference. There are rights in place to protect persons from discrimination. I will examine the laws & regulation that are in place to protect the individual.
*** Please try to center the paper around my thesis statement. It may be changed. This is an outline that I had to submit to my professor on the general ideas of the paper.