CHAPTER NINE Affinity Orientation Discrimination

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 9-3  Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on sexual affinity  Sexual affinity describes whom one is attracted to for personal and intimate relationships Statutory Basis

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 9-4  Although not covered in Title VII, many state laws and local ordinances include affinity orientation as a prohibited basis for employment discrimination  Employees should not allow their personal beliefs to increase liability to their employer  Many companies now have gay and lesbian support groups Out of the Closet

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 9-5  More companies are extending benefits to domestic partners  Focus should be on the employee’s workplace performance  Title VII does not include same gender affinity orientation, bi-gender affinity orientation, transsexuals or effeminacy in males  Gay and lesbian employees have also brought action under the 1 st, 5 th, or 14 th amendment

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 9-6  May also bring tort actions  Employers may still be liable under gender discrimination and gender stereotyping  Affinity orientation much less settled than other types of discrimination  Employers need to be aware of changes in state laws and local ordinances as well as potential changes in federal legislation

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 9-7  Employment decisions should be based on the employee’s activity rather than status or orientation  Employers need to be sure that no facts exist that would subject them to liability for other causes  Employers may impose reasonable rules about workplace appearance Affinity Orientation as a Basis for Adverse Employment Decisions

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 9-8  Employment decisions should be based on the employee’s activity rather than status or orientation  Employers need to be sure that no facts exist that would subject them to liability for other causes  Employers may impose reasonable rules about workplace appearance  Courts have not upheld the position that those who change their gender from male to female are protected

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 9-9 Same-Gender Sexual Harassment  U.S. Supreme Court ruled that harassment of an employee by someone of the same gender is prohibited unless shown that the harassment was based on affinity orientation

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved Transsexual Discrimination  One of the fastest growing issues related to affinity orientation  Some state and local laws include transsexuals in their protection for gays and lesbians  Suits for gender discrimination have been unsuccessful  Suits filed under the Americans With Disabilities Act have been unsuccessful

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved Employment Benefits  One of the most active issues regarding affinity orientation in the workplace  Although civil rights ordinances may not protect them, many gays and lesbians want corporate nondiscrimination policies including –Bereavement leave –Vacation transfer –Benefits for domestic partners

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved Management Considerations  Hire using work-related criteria  Ask only relevant questions about applicants’ personal lives  Have a policy ensuring respect for all employees  Make any policies fair and evenly handled  Take prompt action when there are violations of policies