Sexual Orientation: A Protected Class Under The Constitution?

Sexual orientation is a protected class, just like gender and race. This means that discrimination against men and women based on their sexual orientation is illegal. While federal law does not explicitly list sexual orientation as a protected class, court rulings, state laws, and company policies provide protections in housing and employment.

Explore related products

Sexual Orientation and the Law

$37

From Disgust to Humanity: Sexual Orientation and Constitutional Law (Inalienable Rights Series)

$20.22 $25.99

Sexual Orientation and Human Rights: The United States Constitution, the European Convention, and the Canadian Charter

$19.29 $87

Sexual Orientation and the Law, 2023-2024 ed. ISBN: 9780314803924

$2250

Sexual Orientation, Gender Identity, and the Law in a Nutshell (Nutshells)

$62 $62

Sexual Orientation, Gender Identity, and the Law in a Nutshell (Nutshells)

$43.5

Sexual orientation and gender identity are protected under the Federal Fair Housing Act

The Federal Government's equal opportunity employment policy was amended in 1998 by President Clinton to include sexual orientation as a protected class. While federal law lacks explicit coverage, many state and local laws consider sexual orientation to be a protected class. Discrimination based on a person's sexual orientation is prohibited by law. It is prohibited by the Civil Rights Act of 1986, Title VII. This resulted in the amendment of Title VII of the Civil Rights Act, to include sexual orientation.

The Civil Rights Act of 1964 recognises fundamental human rights and prohibits discrimination against protected classes. Title VII of the Act prohibits employment discrimination on the basis of sexual orientation or gender identity. That means gay men, lesbians, and transgender people are part of a protected class. In the same way that you cannot be discriminated against on the basis of your national origin or race, you also cannot be discriminated against on the basis of sex. Federal law entitles you to legal recourse when you experience sex discrimination.

Sexual orientation is a protected class under Title VII of the Civil Rights Act

While federal law does not explicitly list sexual orientation as a protected class, court rulings and federal agency interpretations have extended protections under Title VII of the Civil Rights Act. This includes the Federal Fair Housing Act, which recognises sexual orientation and gender identity as protected classes.

The Federal Government's equal opportunity employment policy was amended in 1998 by President Clinton to include sexual orientation as a protected class. However, this only applies to federal employees. Many state and local laws also consider sexual orientation to be a protected class.

Employment discrimination policies in the past did not cover the rights of lesbian, gay, bisexual, and transgender workers, which resulted in several cases of prejudice and discrimination. Now, gay men, lesbians, and transgender people are part of a protected class.

Discrimination based on sexual orientation is a form of sex discrimination

Sexual orientation is a protected class, just like gender and race. While federal law does not explicitly list sexual orientation as a protected class, court rulings, state laws, and company policies provide protections in housing and employment. Discrimination based on sexual orientation is a form of sex discrimination. It is prohibited by the Civil Rights Act of 1964, Title VII, which was amended in 1998 to include sexual orientation as a protected class.

Sexual orientation is a personal quality that is protected from discrimination. Discrimination based on sexual orientation is based on employers' and individuals' expectations of how a person of a given sex or with a certain sexual orientation will behave, and results in prejudice. If an employment decision is made based on the fact that the person behaves, dresses, or speaks differently, it is a case of discrimination, and – as sexual orientation is a protected class – is against the law.

The Federal Fair Housing Act, per HUD guidance, recognises sexual orientation and gender identity as protected classes. Many states and local governments also provide explicit protections for employees based on sexual orientation and gender identity.

The LGBT community's rights have only gained recognition in recent years. Employment discrimination policies in the past did not cover the rights of lesbian, gay, bisexual, and transgender workers, and this resulted in several cases of prejudice and discrimination.

Explore related products

Employment Law for Human Resource Practice

$99.64 $388.95

Sexual Orientation, Public Schools, and the Law

$341.72

The Protected Class: Real Life Stories of Women Over the Age of 40 Who Have Experienced Discrimination or Harassment in the Workplace

$17.95

Against Violence Against Women: The Case for Gender as a Protected Class

$43.12 $54.99

KERN Stainless Steel IP-Protected Bench Scale, Robust, IP65 Protection Class, 25 kg Weighing Range, Readability 5 g

$563.83

KERN Stainless Steel IP-Protected Bench Scale, Robust, IP65 Protection Class, 25 kg Weighing Range, Readability 10 g

$1144.15

Employment discrimination policies have only recently covered the rights of LGBT workers

While federal law does not explicitly list sexual orientation as a protected class, court rulings, state laws, and company policies provide protections in housing and employment. Employment discrimination policies have only recently covered the rights of LGBT workers.

In 1998, President Clinton amended the Federal Government's equal opportunity employment policy to include sexual orientation as a protected class. This amendment was in line with the position of the Equal Employment Opportunity Commission, which states that the prohibition of discrimination based on sexual orientation and sexual identity is in line with civil rights legislation and federal, state law, as well as human rights legislation.

Despite these advancements, it is important to note that federal law lacks explicit coverage, and protections are primarily provided through court rulings, state laws, and company policies. Many states and local governments have taken steps to provide explicit protections for employees based on sexual orientation and gender identity.

The Civil Rights Act of 1964, specifically Title VII, plays a crucial role in prohibiting employment discrimination on the basis of sexual orientation or gender identity. This means that gay men, lesbians, and transgender people are part of a protected class, similar to protections against discrimination based on national origin or race.

In summary, while sexual orientation is considered a protected class under certain laws and policies, the coverage is not uniform across all jurisdictions. The rights of LGBT workers have gained recognition in recent years, but there is still work to be done to ensure consistent and comprehensive protections at the federal level.

Sexual orientation is a personal quality that is protected from discrimination

Sexual orientation is now recognised as a protected class under Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of sexual orientation or gender identity. This means that gay men, lesbians, and transgender people are part of a protected class.

Housing discrimination based on sexual orientation is also prohibited under the Federal Fair Housing Act, per HUD guidance. Many states and local governments provide explicit protections for employees based on sexual orientation and gender identity.

The Federal Government's equal opportunity employment policy was amended in 1998 by President Clinton to include sexual orientation as a protected class. Discrimination based on one's sexual orientation is a form of sex discrimination and is prohibited by the Civil Rights Act of 1986, Title VII.

Frequently asked questions