Analyzing and Prohibiting Discrimination

¶ … prohibiting employee discrimination based on sexual orientation.

Sexual Orientation Defined

As the new assistant to the human resources director, I would define the term sexual orientation as an individual's patterns of romantic, sexual and emotional attraction, as well as his/her sense of social and personal identity founded on these attractions. The sexual orientation of an individual is no black-and-white aspect. Rather, it lies across a continuum, and undivided attraction towards the same and opposite sexes lies on opposite ends of this continuum. Homosexuality (attraction towards individuals of one's own gender), heterosexuality (attraction towards people belonging to the opposite gender) and bisexuality (being attracted towards individuals of either gender) represent the three sexual orientation categories most widely discussed. However, they are, in no way, the sole categories of sexual classification labels across the globe (Sexual Orientation -- Psychology Today). (For instance, the umbrella term 'queer' is helpful for being non-specific to orientation). Not many subjects are debated as hotly as that of how an individual's sexual orientation is determined. Though a majority of scientists accept the fact that 'nurture' as well as 'nature' have complex roles to play, factors underlying sexual orientation remain poorly understood. Modern-day studies into its bases often revolve around the role played by genes, hormones, the environment, and one's mental structure.

Sexual orientation denotes a person's physical, emotional and spiritual attraction towards the opposite and/or same genders, including heterosexual, homosexual, or bisexual orientations. It has a fairly significant role to play with regard to the American principle of constitutionalism, in a manner of speaking. In case of countries that need to be run over man by a fellow man, the challenge is doing it such that the government as well as the governed are effectively controlled. Constitutionalism, in the U.S., is based on the idea the government's aim is protection of individual liberties and preservation of the natural rights of humanity (Rosenbloom, et.al, 2010 page 11). One such liberty that must be safeguarded is sexual orientation. It is forbidden to discriminate against employees on grounds of one's perceived or actual sexual orientation, gender expression or gender identity (Personnel Directive). The state governmental FEHA (Fair Employment and Housing Act) currently safeguards a worker's gender expression, sexual orientation, or gender identity from illegal employment discrimination. Our company's employees can now lodge their complaints within a year of being sexually discriminated with their Bureau, the State FEHA department, the Management Employee Services Office, and the Equal Employment Opportunity or Discrimination Complaint Resolution's Personnel Department.

Prohibited Acts

As the new assistant to the human resources director, I am listing and describing prohibited acts with regard to the recruitment, promotion, and disciplining of city employees as follows:

At present, the 2009 ENDA (Employment Non-Discrimination Act) that forbids discrimination due to an employee's gender identity or sexual orientation is being taken into consideration. The ENDA was introduced into the Congress for banning discrimination of employees as a result of their gender identity and sexual orientation. This bill would ensure our company is prevented from deciding on recruiting, promoting, paying or promoting workers on grounds of their gender identity or sexual orientation (Sexual Orientation Discrimination in the Workplace -- FindLaw). Furthermore, the Act forbids special treatment of lesbians, gay, transgendered and bisexual (LGBT) individuals, in addition to the use of quotas that necessitate recruitment of a particular number of LGBT employees by organizations. Both acts are yet to be passed. Hence, no federal safeguard exists as yet, against workplace discrimination on grounds of employees' sexual orientation. The enactment of laws in this regard is crucial.