and how does an employer know one is gay in order to discriminate. Whenever I ask this, I never receive a specific answer. No applicant offers that info. Why don't people come out and say it's because the applicant LOOKS gay? Why does honestly need to be so hidden, and rare?
Well, here's your specific answer: it's because your understanding of job discrimination law appears to be limited solely to
hiring practices, which isn't the case.
Other than in a handful of states, an employer can discriminate against--or terminate--an employee for being openly gay (or even being suspected as such) with no legal recourse on the employee's part. We're not talking about an employee acting effete/butch, wearing a rainbow pin on his/her lapel, or displaying a picture of his/her significant other in their cubicle, either.
Something as minor as a slip of the tongue during water-cooler talk, or 'suspiciously' gay overlap contacts between personal and co-worker social media contacts could potentially open the door for an employer to treat an employee unfairly, based solely on their real (or perceived) sexual orientation.
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