Human Resource Blog

Arizona Discrimination Based On Sexual Orientation

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As an employer in

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

First of all, you should know that many businesses and non-profit agencies have created their own policies and rules forbidding discrimination because of sexual orientation. Most Human Resources professionals consider such discrimination bad practice. Some states and municipalities have outlawed this kind of discrimination.

Unfortunately, the federal government has no such law yet. Neither does the state of Arizona. There are a number of states that do have such laws, including California, Illinois, New Hampshire, New Mexico, Rhode Island and

Washington.

Title VII of the Civil Rights Act of 1964 is the major federal law involved. If prohibits discrimination based on everything from age and disability to race and religion. But it does not include a provision for sexual orientation. It was probably not intentional. In 1964, it should be remembered, awareness and tolerance levels of homosexuality had not developed.

Other laws covering discrimination are the Equal Pay Act of 1963, the Civil Rights Act of 1991, Titles I and V of the Americans with Disabilities Act (ADA) of 1990, the Age Discrimination in Employment Act of 1967, and Sections 501 and 505 of the rehabilitation Act of 1973. The Equal Employment Opportunity Commission (EEOC) enforces the laws. None of them, regrettably, include a clause protecting gay and lesbian workers.

Executive Order 13087 may be of help. If you non-profit agency or a business has a contract with the federal government, there is a good change that the contract requires you to abolish discrimination due to sexual orientation.

Civilians working for the federal government also have protection thanks to the Civil Service Reform Act of 1978. While prohibiting discrimination for a wide rage of reasons, the Act includes a clause outlawing discrimination because of conduct that does not harm performance at work. “Conduct” in this case has been interpreted by the OPM, or Office of Personnel Management, to cover sexual orientation.

New Jersey is one of the states prohibiting discrimination due to orientation. Its law, known as the Law Against Discrimination (LAD), extends as well to transgendered people.

All workplace discrimination laws cover not only hiring, but firing, job conditions, training, promotion, and discipline. JH