Human Resource Blog

Alabama Discrimination Based on Sexual Orientation

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As an employer in

Alabama, does Title VII or any state or federal law prohibit discrimination based on sexual orientation?

Let’s be clear here. Most Human Resources professionals would agree that discrimination based on sexual orientation is not a best practice. Many, many organizations have rules prohibiting it, including many businesses and non-profit agencies. A number of states and municipalities have laws outlawing such discrimination.

However, there is no federal or Alabama law that prohibits discrimination based on sexual orientation at this time.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, sex, religion, national origin, age and disability. It is also illegal to discriminate against persons with disabilities. Discrimination against these groups in hiring, training, promotions, discipline, firing and other job-related areas is also prohibited under several other laws, including the Equal Pay Act of 1963, The Age Discrimination in Employment Act of 1967, Sections 501 and 505 of the Rehabilitation Act of 1973. Titles I and V of the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991. All of these laws are enforced by the EEOC, the Equal Employment Opportunity Commission.

Sadly, none of these federal laws prohibits discrimination based on sexual orientation at businesses or non-profit agencies.

Civilian employees of the federal government are protected from discrimination based on sexual orientation under the Civil Service Reform Act of 1978. This law prohibits discrimination in personnel action including hiring and firing based on race, color, sex, religion, national origin, age, disability, marital status, or political affiliation. It also prohibits discrimination based on conduct which does not adversely affect job performance. The Office of Personnel Management or OPM has interpreted this “conduct” clause to protect employees from discrimination based on sexual orientation. But, again, this applies only to civilian employees of the federal government.

If your company or non-profit agency has a federal contract, than that contract likely includes provisions that you must eliminate discrimination based on sexual orientation throughout your organization. This is based on Executive Order 13087, which was signed on May 28, 1998. That order continues an affirmative action campaign to counteract all types of discrimination.