ABSTRACT

Sexual orientation employment discrimination is a serious problem. Workplace discrimination against gays can range from not being able to get a job or a desired promotion, to being harassed at work or fi red. One study shows that up to 44 percent of gay American employees report having been subjected to some form of employment discrimination at some time in their lives (Badgett et al. 1992). Just like company whistleblowers or other discrimination claimants, people who sue their employers for sexual orientation discrimination often fi nd that they are subjected to retaliation if they remain on the job after they commence litigation. Retaliation can involve anything from an employer’s refusal to give a complaining employee a fair job reference to demoting them to a lesser paid position and/or subjecting them to additional harassment.