njlauren
Posts: 1577
Joined: 10/1/2011 Status: offline
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quote:
ORIGINAL: Charles6682 There are anti-discrimination laws where I live here in Pinellas County,Florida.In the local Pinellas County "Office of Human Rights",there are many laws to protect many people from legal discrimination,including laws protecting people of "Sexual Orientation".That particular law only applies to Pinellas County as Florida does not have laws protecting people of "Sexual Orientation" on a state wide level.Some other cities and counties may have simliar protections.Pinellas County just also recently legalized "Domestic Partnership" for any couple,gay or straight.That is a big deal for this part of Florida. The question I have is this.Would "Sexual Orientation" also cover aspects of BDSM?For example,can a "Dom" or "Sub" be protected under these type of laws too,such as laws to protect people due to "Sexual Orientation"? No, sexual orientation only covers that, which means gay, bi, or straight (for example, gay owned business that refused to hire straights), I don't know of any place that has protection for BD/SM folk, though there have been court rulings that firing someone for private behavior is illegal. It gets complicated, because many states are employment at will, which means technically an employer can fire you for anything. In reality, employers can be sued for illegal termination, if the cause for termination is found to be irrelevant to the job. There have been cases where BD/SM folks were found out and lost their jobs, and advocacy groups have stepped in and sued the employer. There is a hot area of law around this, about the right to privacy of employers, that what people do in their spare time has nothing to do with their employment, but it all depends on how the laws are written. If you live in NYC and an employer openly fired you for being into BD/SM they would be in deep shit, juries would find most of the time for the plaintiff, in the bible belt, not so likely. There was a case where a guy who had been a truck driver for Winn Dixie supermarkets for something like 25 years, was fired because it was discovered at work that he was a closet cross dresser (did it only at home, 10 to 1, a disgruntled friend), and that firing was upheld (btw, if you can avoid it, don't shop at Winn Dixie, it is owned by evangelical Christian nutjobs, who are totally anti gay, anti trans, anti anything). In any event, with something like BD/SM, that is considered a lifestyle choice, the only real argument in employment law would be unjust termination that violated the right to privacy of employees. Problem is proving you were fired for being outed, companies can find myriad excuses to fire you.
< Message edited by njlauren -- 3/11/2013 8:33:50 PM >
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