Tuesday, September 27, 2011

Understanding Sexual Orientation as a protected class..The facts

Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group.

Currently, 425 of the Fortune 500 companies include sexual orientation in their anti-discrimination policies. If you want to know why they do this, it is not because they are being good corporate citizens, it is because they do not want to miss out on good talent in the work force. If they didn't offer protections, they could miss out on exceptional employees, both current and future potential employees- who will only work in protected environments. The NFL just last month added employment protections for their players who are/might be gay.
Since the majority of US employees work for smaller companies (60+%) and not the Fortune 500, anti-discrimination protections need to be added at local levels to protect those individuals who work for local and regional employers

Many do not understand what giving a class or group of people protections mean. It is certainly not "special rights" which many who oppose gays and lesbians protections insist. Adding sexual orientation as a protected class allows gay persons ( because they are a group or category as stated above) the right to not be discriminated against when applying for a job, being fired from a job, renting or buying a place to live and public accommodation- local places like stores or restaurants open to the public.

Adding sexual orientation as a protected class allows one thing to happen. It allows for the filing of a complaint with the local or State Human Relations Commission in cases of alleged discrimination.. That's it... PERIOD...Nothing more, nothing less.
Currently there is no one or no agency in Hutchinson that a gay person can report alleged acts of discrimination. That's why there is NO records of alleged acts of discrimination..another point opponents make- "There are no records of discrimination so why add the protections?"

After any alleged act of discrimination is reported by a member of a protected class , the Human Relations Commissions hears the complaint. If they determine discrimination exists after a thorough investigation the person discriminated against can then file suit in District Court to pursue damages.
You cannot just file a discrimination law suit anytime you want, you MUST follow the above procedures. Its the law.

Opponents try and deny protections of any protected classes by saying "Kansas is a Right to Work State".. THAT MAKES NO DIFFERENCE. If you as a member of any protected class feel you have been discriminated against you have the right to file a complaint with the Human Relations Commission. The burden of proof is on you to convince the commission you have been discriminated against.

In the 27 states and over 2500 cities that provide protections based on sexual orientation, those jurisdictions saw no more than an increase of 6% in complaints filed after adding sexual orientation. So adding sexual orientation as a protected class will not open the flood gates of claims and law suits, another claim by opponents. 

By adding protections for sexual orientation,  we are protecting those who identify themselves as gay, lesbian or bi-sexual or for those who may be perceived as being gay, lesbian or bi-sexual.

Lastly, religious organizations and institutions are and have been exempt from abiding by ANY of the current protections. They are allowed to discriminate at will. However, they are protected from being discriminated against, as all religions and their institutions are protected classes.

I hope this provides you with a better understanding of what it means to add Sexual Orientation as a protected class to your cities existing non-discrimination ordinance.

Please support adding sexual orientation as a protected class in your city. Discrimination does exist.. Even if it didn't wouldn't you feel good knowing that your son, daughter, aunt, uncle, cousin, neighbor and friend have protections on the books if they were needed...

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