Dividing Sexual Orientation From Workplace Sex Bias

Dividing Sexual Orientation From Workplace Sex Bias Wavebreak Media LTD

Current federal workplace discrimination law does not include sexual orientation as a protected class. Jon Hyman, a partner in the labor and employment group at Kohrman Jackson & Krantz, makes a case on the Ohio Employer’s Law Blog for why this needs to change.

Hyman says a recent Ohio appellate court decision serves as an important reminder of the need for the Employment Nondiscrimination Act, which would amend Title VII to include sexual orientation and gender identity.

The court dismissed a sex discrimination, harassment, retaliation and violation of public policy claim by a lesbian veterinary resident against the Ohio State University College of Veterinary Medicine because Ohio’s workplace discrimination laws don’t cover sexual orientation, he says.

Each appellate district in Ohio that has considered such a claim has concluded the term “sex” does not include sexual orientation, Hyman says, and legislative proposals to amend Ohio law and Title VII to add the term “sexual orientation” have been unsuccessful thus far.

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