Can an employee's sexual orientation be part of the job requirement?
Author: William Denham, Shortt & Nguyen, PC
An employee's sexual orientation may be part of a job requirement for private sector employers as Title VII does not prohibit discrimination based on sexual orientation for private employers. However, employees may have additional protections (a) if they are governmental employees or (b) under state or local laws. Notwithstanding this, such a practice is not generally advisable as discriminating against individuals based on sexual orientation will not seek to create a workplace atmosphere of diversity, tolerance and respect.