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Special Class Protections for Self-Alleged Gays: A
Question of "Orientation" and Consequences
A public policy analysis
by Tony Marco
Copyright Tony Marco, 1991-1994, all rights
reserved
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Potential Legal Costs
In 1991, a California Superior Court ordered Shell Oil to pay $5.3
million for wrongful discharge of Jeffrey Collins, a homosexual
manager. Collins was terminated when his superiors discovered a
memo he wrote on an office computer advertising an off-the-job "safe
sex" party for gay men. The Court ruled that Collins' memo was
"political activity" protected under California Supreme Court
precedent.
In 1982, The Christian Science Monitor discharged an alleged
lesbian because of her sexual orientation. Though the Massachusetts
Supreme Court ruled that the Monitor had grounds to terminate
based on religious interests, they have allowed the alleged lesbian
to pursue tort damages. The Monitor has declined to reveal
the amount of their escalating legal expenses, for fear of
encouraging other similar lawsuits.
Resolving claims of discrimination based on "sexual orientation" could
prove extremely costly. If an employer is found guilty, penalties can
be exorbitant. Again, under state or municipal "gay rights" ordinances,
an employer charged pays not only for its own defense, but, through
taxation, for its own prosecution. An employer eventually cleared of
discrimination charges may still face substantial attorneys' fees in
addition to being penalized by lost time and inconvenience.
(The above cases, while pointing to potential dangers of "gay rights"
ordinances, also reveal, however, the extent to which gays are
already protected from wrongful discharge under
tort law -- not on the basis of their homosexuality,
but on the basis of exemplary employment. Additional
protections are available to homosexuals who are members of duly
established protected classes, again, not on the basis of homosexuality,
but because of age, ethnic status, skin color, etc.) But legal hazards
arising from awarding protected class status to "sexual orientation"
would also be compounded by the following potential complications:
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© 1995-2008
Leadership U. All rights reserved.
Updated: 13 July 2002
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