Firing Based Upon Sexual Orientation

  • Posted by a hidden member.
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    Feb 18, 2008 9:38 PM GMT
    In most states, it is legal to fire someone for reasons of sexual orientation. As a business owner, while I disagree with this sentiment, but I have often thought of putting the 'lack of protection' to the test.

    icon_idea.gif My Case: This lack of protection is somewhat ambiguous - could I legally fire someone because they are straight?

    End Game: If I were sued for firing someone for being straight (and they win), could that make it illegal to fire someone for sexual orientation by default (gay or straight)?

    icon_question.gif I would like to hear some of your opinions on this issue.

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  • Posted by a hidden member.
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    Feb 18, 2008 10:23 PM GMT
    I like your thinking. Just be careful you dont get sued.
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    Feb 18, 2008 11:04 PM GMT
    I dunno - fat chicks are suing "Hooters" and A&F for body image discrimination and winning. Just because you don't have a specific right doesn't mean you can't find some court somewhere that doesn't like the person whom you want to sue. But law is all about seeking advantage, not about seeking truth. It doesn't necessarily have commutative properties or other logical features.
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    Feb 19, 2008 3:20 PM GMT
    If I could afford a lawsuit, and could see some long term benefit from the publicity, than I'd concider doing so, but you should play it safe. You could suffer a lot of undo heartache and maybe loss of business from nuetral/indifferent customers.

    It sucks that this should even be an option, even if it out there, for getting the attain of political system with hopes for change.
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    Feb 19, 2008 3:29 PM GMT
    It seems to me to be hateful to fire anyone based on who they sleep with. We should take the higher moral ground.

    As an aside you can get sued for anything - whether the plaintiff will win is another matter. Law suits are expensive
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    Feb 19, 2008 3:53 PM GMT
    Actually, that would be pretty ingenious! If you did fire them for being straight and they sued and it was brought to a federal court and that person won, this would mean that your case would be a key case for all homosexuals everywhere who got fired based on sexual orientation. It would make firing someone on the basis of sexual orientation illegal. Would take a damn creative lawyer, and everyone else in your company would have to be gay, but worth going for if you had the resources, in my opinion.
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    Feb 19, 2008 9:25 PM GMT
    I think you're assuming that the law is logical, reasonable, and even handed - HUGE mistake. In the hands of a skillful attorney, the law can be very malleable.

    In other words - don't bet on it, and definitely don't try it!
  • SoDakGuy

    Posts: 1862

    Feb 19, 2008 10:49 PM GMT
    It happened to me in South Dakota. One of my friends slipped up (and honestly, it was a slip up. There was not a malicious bone in her body at all.) and some waitress felt threatened by me, so I was fired from Pizza Hut in Brookings, SD.

    Pretty stupid, I know, but still it sucks to be fired for being gay.