Suppose you are the hiring manager working for a private sector company. After r

Question

Suppose you are the hiring manager working for a private sector company. After reviewing applications and conducting interviews with candidates, you conclude that the individual best qualified for the job is Mark. During his interview, Mark made a statement indicating that he was gay. Based on this remark, your boss tells you that he does not want to hire Mark.

Is it legal for the company to refuse to hire Mark based on his being gay?

Would your answer be the same if, instead of being a private sector company, the employer was a federal government agency?

Using the Internet, identify current laws in your home state addressing affinity orientation discrimination and same-sex domestic partner benefits.

Explanation / Answer

No. It is illegal for the company to refuse to hire Mark based on his being gay. It is an act of workplace discrimination based on sexual orientation. Yes. My answer would be the same because an employee is an employee where he is from a private sector or from a federal government agency. Workplace discrimination based on LGBT is common to all employees. Currently, the Employment Non-discrimination Act of 2009 is a law that prohibits discrimination of people based on their sexual orientation and gender identity. It is pertinent to note that the civil rights act of 1964 and the EEOC (Equal Employment Opportunity Commission) also provide laws that prohibit workplace discrimination based on race, age, religion, sexual orientation and ethnicity. Most of the states in the United States supports family partners for sexual orientation and have local laws that prohibit workplace discrimination. Same-sex domestic partner benefits refers to the same benefits awarded to a married couple except that few questions as listed below arises- Do they have qualification to become domestic partners? Can the couples of same-sex register their marriage when they are available to marriage? Is there a set time the couples can be together?

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