Journal Facts

Journal
Journal of Individual Employment Rights
ISSN
1055-7512 (print) 1541-3799 (electronic)
Volume
8
Issue
1
Date
1/1/1999

Article Facts

Title
The Forgotten Minority—Sexual Preference as a Protected Class Under Title VII?
DOI
10.2190/1YNU-46M6-F4U8-1T81
Author
William T. Krizner
Pages
15-28
Online Date
05/09/2002

Article Links

The Forgotten Minority—Sexual Preference as a Protected Class Under Title VII?

William T. Krizner

DOI: 10.2190/1YNU-46M6-F4U8-1T81

Abstract

Gay Americans do not enjoy the same rights offered to heterosexual Americans. Gay Americans have been discriminated against in the areas of marriage, housing, military privileges, and employment rights. Although the federal government has historically protected minority groups from private discrimination, both Congress and the federal judiciary have refused to provide similar protection to Gay Americans. The reason for the federal government's failure to protect Gay Americans currently remains unclear. This project reviews and then rejects various theories which attempt to justify the government's failure to expand federal discrimination statutes to protect Gay Americans. After recognizing that each of these theories fails to offer support for the lack of federal legislation, the Supreme Court should make efforts to extend its recent holding in Oncale v. Sundowner and allow Gay Americans protected status under Title VII of the Civil Rights Act of 1964.

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