SEXUAL ORIENTATION DISCRIMINATION
Even though the rights of people who identify as gay, lesbian, bisexual, or transgendered (GLBT) are protected under Minnesota Law, discrimination and harassment persists. Employers are under more pressure from GLBT workers, human rights organizations, and GLBT advocacy groups to provide workplaces that are free of harassment or discrimination based on sexual orientation. Unfortunately, despite increased awareness of GLBT and queer rights, employers still use sexual orientation, or perceived sexual orientation, as a basis of discrimination. If you have experienced discrimination because of your sexual orientation, there is something you can do. Federal law provides limited protection against employment discrimination. The Minnesota Human Rights Act and the Illinois Human Rights Act do prohibit discrimination based on sexual orientation. Sexual orientation discrimination is also prohibited under Chicago, Minneapolis, St. Paul, and numerous other city ordinances.
Sexual Orientation Defined
The Minnesota Human Rights Act offers a helpful definition of “sexual orientation”: “having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one’s biological maleness or femaleness.” If you believe you have been discriminated against because of your sexual orientation or gender identity, you may have cause for action against your employer.
Exceptions to Sexual Orientation Discrimination
There are three important exceptions to sexual orientation discrimination protections that should be noted:
1.) Religious organizations/associations are not prohibited from taking actions related to sexual orientation and employment.
2.) Non-Public service organizations that primarily serve minors do not commit discrimination if they have qualifications for employees or volunteers based on sexual orientation.
3.) Sexual orientation discrimination is not to be used as an affirmative action program with quotas.



