zaterdag 3 oktober 2009

Employment law- sexual orientation discrimination

Blog 2: Federal appeals court allows homosexual employee’s.

As we all know there is a lot of sexual orientation discrimination at the work floor. That’s the reason why the federal appeals court in Pennsylvania has ruled that the federal law prohibit employers from discriminating against gay and lesbian employees who do not conform with gender stereotypes.


Mr. Plaintiff Brian Prowel a homosexual who was employed by Wise Business Forms was taunted by his co- workers, they called him ‘Princess’ and wrote insulting messages in the men’s bathroom. The employer was terminated almost a year after unsuccessfully claiming his lawyer based on harassment for not fitting in. He thought the firm concerned him not rough enough compared with the other employees. Later on he brought this suit under harassment and wrongful termination because of sex and religious discrimination and retaliation. Who failed again because of the lack of federal law for sexual orientation. On appeal they reversed the lower court’s ruling. Because of the doubt off the discussion whether the discrimination was based on how a man should act or sexual orientation. The court ruled based on evidence that the harassment or discrimination was occurred because of sex.


Because of this article we can conclude that employers now the day’s have to be available to assist employers, need to have a policy against workplace harassment and have to train their employees on harassment prevention.


My first thoughts after reading this article was that it’s really awful that grown up’s are bullying people based on their sexual orientation. I think it must be already tough enough for people who find out that they are homosexual to life with it. They need to have already a sudden strength to “come out of the closet” against the world. I think that it’s a good thing that the court has decided this judgment.


Source: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1866


Magalie Van Belleghem 3RP1

1 opmerking:

  1. I also think that the court handled the right way. Everybody can be different on their sexual orientation but he or she still is a normal person who wants to be treated with respect. When an employer don't respect his staff he can't be an good employer. Every person whose sexual orientation is different must stand up for his rights and just be yourself!

    Sofie Lanckriet

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