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Sexual orientation discrimination (also known assexualism) is discrimination based on a person'ssex, sexual orientation, or pregnancy.[not in body]
Sexual orientation discrimination often comes up in the context of employment actions.[1][better source needed] It refers to sexual prejudice, a negative attitude towards someone that is based on their sexual orientation.[2] An example of this bias ishomophobia, which refers to discrimination towards someone who is homosexual. Often in the work environment, this is seen withheterosexual individuals who are prejudiced againstlesbian,gay, andbisexual people (among others). This is specifically referred to asheterosexism.[citation needed]
An earlier definition of this term is: Sexual orientation discrimination is a belief or argument that one sexual orientation or sexual behavior is inherently superior to some or all others. Usually, it comes in the form ofheterosexuality being considered the onlynatural,normal, ormoral mode of sexual behavior, and is also used to refer to the effects of that instinct. The wordheterosexism has also been proposed to mean essentially the same thing as this form of sexual orientation discrimination.[3] This word has been suggested as an alternative tohomophobia,[4] in part because it uses a parallel structure tosexism orracism. The intent of the concept of heterosexism is the examination of the cultural bias against non-heterosexuals rather than individual bias, which is the focus of homophobia, as well as the adverse effects of normative heterosexuality on heterosexual-identifying people.[5]
Employment actions (or ultimate employment actions), refer to hiring, firing, demotions, promotions, and compensation.[6] Adverse employment actions, however, include termination, demotions, suspension, and changes to conditions, responsibilities and pay.[7]Title VII of theCivil Rights Act of 1964 prohibits employment discrimination on the basis of sex. InBostock v. Clayton County, the Supreme Court found that adverse employment actions made due to an employee's sexual orientation or gender identity violateTitle VII.[8]
Sexual orientation discrimination also occurs at the time of service provision from a business or government agency to an individual or group. Such services may include dining at a restaurant, visiting a partner at the hospital, receiving healthcare, or acquiring a marriage license.[citation needed]
The termpansexualism, seen especially in the field of early-20th-centurypsychoanalysis,[9] was based on the usage of the term "sexualism" to refer to humanity's sexual nature. The terms "homosexualism" and "bisexuals" were also based on this usage, and were commonly used before the general adoption of the termshomosexuality andbisexuality.[10][11]
Latta v. Otter is a court case that resulted from a federal lawsuit filed by four couples from Boise, Idaho, wheresame-sex marriage remained illegal until the couples' victory in 2014.[12] BeforeLatta v. Otter, only 16U.S. states had legalized same-sex marriage,[13][14] and Idaho refused to recognize same-sex marriages performed in such states. On September 8, 2014, the Ninth Circuit ruled that Idaho's ban on same-sex marriage was a violation of theU.S. Constitution's guarantee of equal protection.[15]
Obergefell v. Hodges is the landmarkcivil rights case that resulted in federal legalization ofsame-sex marriage in the United States. In July 2013, James Obergefell and John Arthur James filed a lawsuit in the state ofOhio because it refused to recognize same-sex marriages ondeath certificates. In September 2013, the lawsuit was amended to include a second gay couple and afuneral director who feared prosecution for falsifying death certificates if he were to note same-sex spouses on gay clients' documents.
Hively v. Ivy Tech Community College restuled in an 8-3 decision by theSeventh Circuit Court of Appeals thatsex discrimination includeshomophobia, and therefore violates federalcivil rights law.[16] Part-time professor and openlesbian Kimberley Hively applied multiple times for full-time employment. Still, she was not approved, and her contract was not renewed. She claimed that this was due to her sexuality, and filed with theEqual Employment Opportunity Commission. The Seventh Circuit Court ruled in her favor.[17]
Before theBostock v. Clayton County case, the language ofTitle VII in theCivil Rights Act of 1964 left the phrase 'based on sex' up for interpretation. TheU.S. Equal Employment Opportunity Commission has recognized members of the LGBTQ community as a protected class underTitle VII since 2013, but even in 2020, only 21 states had extended employment discrimination protections to members the LGBTQ community.[18] TheBostock ruling found that discrimination based on sexual orientation or gender identity would be considered discrimination based on sex.[citation needed]
