I think I am facing sexual orientation discrimination from my employer. Is discrimination based on sexual orientation illegal?

Question: I am a gay male that works as a salesman for a marketing and distribution company. I have been working here the past two years and to be quite forward, my sexual orientation of being gay isn't immediately noticeable by most people I come across. However, about 6 months ago my gay identity had been discovered by my employer. Since then, I've felt the way I am treated at work has changed, as in I feel there is employer discrimination. I have been an excellent sales person and hold the #1 spot, but my #2 heterosexual married co worker got a recent pay raise over myself which does not make sense. Is there any laws that protect sexual orientation discrimination? Is there anything I can do?

Response by Kevin Okamoto: Sexual orientation discrimination laws at the workplace are actually still undergoing development and have not yet been adopted by more than half of the states in the United States. However, several states have added these amendments over recent years: California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

There has also been a recent economic studies done which show that on average, heterosexual married males at the workplace get a higher wage than homosexual males in the same exact position. If you live in one of the following states above, you should consult with an employment discrimination attorney to see if there is any legal action you can take. Even if you don't, you should speak to someone at your state DOL.

Additional Resources:

• Federal Laws prohibiting Discrimination at the Workplace
• Sexual Orientation Wage Gap Study

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