There is currently no federal law prohibiting employers from discriminating against individuals in the hiring process based on account sexual orientation or gender identity. Some states have laws protecting the rights of the LGBT community in the job application process—including California—but not all. According to the Washington DC LGBT publication Metro Weekly, 110 members of the US House of Representatives wrote a letter to President Barack Obama urging him to sign an executive order protecting federal contractors from LGBT discrimination.
“It is unacceptable that it remains legal to fire of refuse to hire someone based on his or her sexual orientation or gender identity,” the letter stated. “Federal law continues to allow this and discrimination based on sexual orientation is legal in 29 states and discrimination because of gender identity is legal in 34 states. Action at the federal level can put a stop to these unfair and discriminatory workplace practices in every state.”
The house members who signed the petition are attempting to pass the Employment Non-Discrimination Act (ENDA), which would place federal regulations on sexual orientation discrimination. Obama has publicly expressed supports ENDA, but Metro Weekly noted that he has backed off supporting an executive order.
In California, it is illegal to discriminate on the basis of sexual orientation or gender identity. If you have been the victim of sexual orientation discrimination, please contact our firm to take advantage of a free consultation.
Kesluk, Silverstein & Jacob—Los Angeles discrimination attorneys