Question

Bart is an employee of Gotcha Corp, a large corpotation located in Bart's state of residence. Bart's state doesn't have any state law protecting employees from discrimination based upon one's sexual orientation or identity. Bart was recently let go from his job for no apparent reason. He believes that he was fired when his employer learned that he is homosexual.

1. what federal legal options exist for Bart to challenge his firing?

2. if Bart resided in Pennsylvania, what legal options would Bart have to challenge his firing?

Answer 1

Q1. Ans:- As of now, the federal law, specifically the Civil rights Act of 1964, does not contain any legal option prohibiting employment descrimination on the basis of sexual orientation or identity.The Federal state has not enacted any bill so far seeking to include sexual orientation and identity to the list of protected rights under the Civil Rights Act of 1964.Therefore Mr.Bart will not be able to challenge his firing based upon sexual orientation.

Q2.Ans:- The Pennsylvania law also does not contain any legal option which specifically prohibits employment descrimination sexual orientation or genderidentity.But as per the intervention of the Pennsylvania Human relation commission, the government agencies has announced that it would accepts claims or complaints of descrimination against homosexual people in employment.Further more than 45 muncipalities in Pennsylvania have passed ordinance to recognise sexual orientation or gender identity and prohibiting descrimination in employment based on the same. Therefore Mr.Bart will have the legal option under the Pennsylvania state law challenging his firing based upon sexual orientation or identity.

Notes :- The question challenching whether sexual orientation and gender identity are protected from discrimination is pending in the H'onble Supreme court, its decision will change the current status of LGBT people in Federal state including the Pennsylvania.