LGBT Relationships at Work
Q
During the end of last year my boss discriminated again me and a co-worker (whom I have been involved with secretly) and their assumption of us being involved is accurate, however unprovable. We have never confirmed any involvement and there was no work policy in place that forbids a relationship between co-workers unless it was with someone in a higher level. After many accusations an investigation was conducted and my supervisor was dismissed for being unethical and things died down for awhile. A couple days ago I was given a form to sign stating that this new policy is to cover the time period starting in 7/1/2010 which asks if I am involved with a co-worker and other questions in relation to that one. My question is can my non-profit employer force me to sign a policy that they want to put in place stating that it covers the time period of the investigation after me working for them for four years without this policy ever in place? Is it legal for them to ask me if I am intimately involved with a co-worker of equal standing? Who I lay with and love has nothing to do with my quality of work that I do. How can this be any of their business being we work in separate buildings and hardly have any contact at our work environment as it is?
Sincerely,
where is our human rights?
A
You have asked a question that I have had to sadly answer to no satisfaction for many years, which is why protections are not stronger for employees. But let me address your specific questions. First, yes, an employer may terminate employees for having a relationship, so it really doesn’t matter too much when the policy was put into place. It’s not that relationship discrimination is “allowed,” it’s just that it’s not a protected activity to sleep with a co-worker. As to whether your employer can force you to sign the new policy, no, but if you don’t the employer can end your employment, because the policy itself is not unlawful. As to intruding on your privacy, employees have very little privacy protections. For example, if your employer decided everyone who wore red yesterday is fired, the employer has not committed any unlawful employment act. If your employer decides not to hire anyone who likes to hunt, same thing. So, if your employer fires people for having a consensual relationship with another employee, the employer is safe–again so long as all are treated the same. I think that is the key here. If the policy is only enforced as to gay employees, then you may have a case. The problem would be that if there has never been a similar situation in the past concerning a heterosexual couple, how do you show it is sexual orientation bias? Moreover, since it’s a brand new policy, the employer could simply say it will enforce it against heterosexuals too, and how would you prove that is not true? I do think it odd how the employer is handling the matter, and there may be other factors that are relevant that are not apparent in your question. But, based on what you have told me here, I do not think you have an actionable complaint against your employer. You always can try talking to your employer to see if they are willing to change the policy so that it only concerns subordinate/manager relationships (which many employers do have). But, based on what you’ve said, I wouldn’t hold my breath. Best of luck! Beth
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Beth Allen of Beth Allen Law specializes in families and business owners in Oregon and Southwest Washington who want fairness and focused results. We represent traditional and untraditional families, including GLBT families.
Tags: Beth Allen Law firm, employment rights for LGBT, gay rights in the workplace, LGBT law firms, LGBT relationships at work, Portland gay friendly law firm
