1. Chapter 10 Affinity Orientation Discrimination
McGraw-Hill/Irwin
Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

2. Learning Objectives
Relate the history of the modern gay rights movement
Name the states that include gays and lesbians in their antidiscrimination laws as well as Title VII’s position
Give the pros and cons of employers being inclusive of gay and lesbian employees
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3. Learning Objectives
Discuss how some courts have circumvented the exclusion of gays and lesbians from Title VII coverage
Identify whether same-gender sexual harassment is covered by Title VII
Discuss the workplace issues involving transgenders
Page 432

4. Learning Objectives
Identify some of the employment benefits issues for gays and lesbians
List some ways that employers can address gay and lesbian issues in the workplace
Page 432

5. Introduction
Affinity orientation: Whom one is attracted to for personal and intimate relationships
Affinity orientation pushes a lot of buttons in society and the workplace
It is an issue all across the world
Vast implications for people’s everyday lives
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6. Introduction Personal beliefs must not affect workplace behavior
May lead to employer liability
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7. States that Prohibit Discrimination on the Basis of Affinity Orientation or Gender Identity
California
Colorado
Connecticut
Delaware
Hawaii
Illinois
Iowa
Maine
Maryland
Massachu-setts
Minnesota
New Hampshire
Jersey
New
Mexico
York
Nevada
Oregon
Rhode Island
Vermont
Washington
Wisconsin
Washington, D.C.
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8. Historical Issues Page 440
The impact of AIDS in society and in the workplace
The military’s “don’t ask, don’t tell” policy
The 1993 March on Washington for Lesbians, Gays, and Bisexuals
President Bill Clinton voices support for gays (1992)
Clinton’s support for the Employment Nondiscrimination Act [ENDA]
Clinton’s appointment of over 150 gays and lesbians in his administration
Colorado’s attempted constitutional ban on protection for gays and lesbians
Page 440

9. Out of the Closet The resistance at Stonewall in 1969
Gay Pride Month
Employment Non-discrimination Act (ENDA)
Not yet passed by Congress
Extends Title VII’s reach to include discrimination on the basis of affinity orientation
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10. Out of the Closet Company support of gay and lesbian events
Gay Pride
Domestic partnership benefits
National Coming Out Day
Base workplace decisions solely on an employee’s ability to perform the job
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11. Out of the Closet Affinity orientation is not covered under Title VII
Discrimination is prohibited under
Local ordinances or executive orders
State laws
Every state in the union has some form of job discrimination protection for gays and lesbians
Gender identity statutes: Laws providing protection for transgenders
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12. Out of the Closet Other bases for discrimination claims
First, Fifth, or Fourteenth Amendments of the U.S. Constitution
Constitutional right to privacy
Civil tort actions
Gender stereotyping – liability for gender discrimination
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13. Affinity Orientation as a Basis for Adverse Employment Decisions
Employer concerns if the employee:
Is gay or lesbian
Has primary relationships with those of the same gender
Exhibits inappropriate workplace behavior
Wears clothing, jewelry, or make-up in violation of workplace grooming codes
Is in the presurgery adjustment stages of GR surgery
Undergoes gender reassignment surgery
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14. Affinity Orientation as a Basis for Adverse Employment Decisions
Employers should
Make a distinction between status or orientation and inappropriate activity
Actions should not be singled out based solely on the actor’s orientation
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15. Affinity Orientation as a Basis for Adverse Employment Decisions
Employee may fit into more than one category
Liability will ensue if one or more of the categories are protected under Title VII
Gender-based stereotypes
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16. Same-Gender Sexual Harassment
U.S. Supreme Court
A cause of action for sexual harassment even if both parties are of the same gender
Basis for harassment must not be the affinity orientation of the harassee
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17. Gender Identity Discrimination
Gender dysphoria
Gender identity not a protected category under Title VII
Protection under some state and local laws
Human Rights Campaign
The number of Fortune 500 companies with gender identity protection in their policies has quadrupled just since 2003
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18. Workplace Issues for Gays and Lesbians
Nondiscrimination policies
Bereavement leave for domestic partners
Vacation leave transfer
Benefits for domestic partners
Page 455

19. Domestic Partner Law Debate
Domestic partner law protects personal wishes such as
The right to have your partner visit if you’re hospitalized
The right to have your partner act as guardian if you’re incapacitated
The right to leave your money and property to who you wish in your will with no court battles from relatives
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20. Domestic Partner Law Debate
Growth of benefits
Opposing view
Law will legitimize cohabitation
Domestic partnership will weaken the institution of marriage
Man/woman relationship is best for society
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21. Employment Benefits
Benefits that other employees take for granted are major hurdles for gays and lesbians
Five states allow same-gender marriages
Registration of unmarried couples as domestic partners
Living together for a specified length of time
Given mutual aid and support
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22. Employment Benefits
Nearly half of the Fortune 500 companies offer domestic partner benefits
90 percent cover a domestic partner’s dependents or children
60 percent extend adoption assistance to domestic partners
72 percent also allow employees to take extended family leave to care for a domestic partner or their dependents
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23. Employment Benefits
Companies use benefits as a marketing tool to attract and retain gay and lesbian employees
Single-gender couples with children
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24. Management Considerations
Employers who prefer the benefits of a diverse workplace
Deal with affinity orientation issues in a less restrictive manner
Not have policies that have a hard-and-fast rule of “no transgenders, gays, or lesbians allowed”
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25. Management Considerations
Actions of gays or lesbians should be dealt with as legitimate workplace issues
Affinity orientation or gender identity is irrelevant to the activity
Gender identity and affinity orientation policies should come from the top
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26. Management Considerations
Employers who do not wish to have antidiscrimination based on affinity orientation and gender identity
Liability depends on the jurisdiction in which the employer is located
Employer’s personal choice
May wish to take an adverse workplace decision to court to maintain maximum control over areas not as heavily regulated as the other protected categories
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27. Management Considerations
Some employers take a middle-ground position
No policies to support or prohibit discrimination
Deal with issues on a case-by-case basis
Laws are changing every day
Employers should consider possible repercussions other than liability under Title VII
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28. Management Tips Hire using only relevant, work-related criteria
Keep inquiries about applicants’ personal lives minimal and relevant
Have a policy ensuring all employees respect in the workplace
Policy should protect everyone from unsolicited negative statements about immutable and other characteristics
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29. Management Tips
Take prompt action whenever there are complaints or violations of the policy
Proactively decide what position to take on affinity orientation-related issues
Be aware of the potential impact on gays and lesbians of workplace policies
Ensure that policies inclusive of gays and lesbians, ensure are fair and handled evenly
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