A Kinder, Gentler Workplace for Lesbians and Gay Men

Edwin M. Wagner

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DOI: 10.2190/MQN6-6GQL-PMR6-PRMH

Abstract

The 1991 decision by a federal district court in Kansas declaring that the homosexual classification is suspect is supported in this article [1]. The court's decision requires strict scrutiny of the homosexual classification with respect to employment. The treatment of the homosexual classification in other lower courts, and in the Supreme Court, which has declined to address the equal protection rights of homosexuals, is also discussed. Employment protection for lesbians and gay men, which exists in several states, is noted, and the possible impact of the evidence regarding a biological connection to sexual orientation on the individual employment rights is addressed. The article suggests that protection for sexual orientation could be effected with little disruption in the workplace through an amendment of Title VII of the Civil Rights Act, extending the law against sexual harassment, and by applying the narrowly-defined bona fide occupational qualification.

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