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LGBT employment discrimination in the United States : ウィキペディア英語版
LGBT employment discrimination in the United States
The regulation of LGBT employment discrimination in the United States varies by jurisdiction. Many, but far from all, states and localities prohibit bias in hiring, promotion, job assignment, termination, and compensation, as well as harassment on the basis of one's sexual orientation. Fewer extend those protections to cover sexual identity.〔(Tilcsik, A. (2011). Pride and prejudice: Employment discrimination against openly gay men in the United States. American Journal of Sociology, 117, 586–626. )〕 Some cover government employees but do not extend their protections to the private sector. Protections at the national level are limited. There is no federal statute explicitly addressing employment discrimination based on sexual orientation or gender identity. However, the Equal Employment Opportunity Commission interprets Title VII of the Civil Rights Act of 1964 to cover discrimination against LGBT employees, as "allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex".〔(【引用サイトリンク】title=EEOC Rules LGBT Workplace Discrimination Illegal Under Existing Law )〕 This interpretation in essence bars employment discrimination on the basis of sexual orientation in accordance with the Civil Rights Act of 1964.〔(【引用サイトリンク】title=HRC Hails Historic EEOC Ruling on Employment Discrimination )〕 In 2012 the Equal Employment Opportunity Commission ruled that Title VII of the Civil Rights Act of 1964 does not allow gender identity-based employment discrimination because it is a form of sex discrimination. Then in 2015, the Equal Employment Opportunity Commission concluded that Title VII of the Civil Rights Act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination. However, these rulings, while persuasive, may not be binding on courts.
==Federal employees==

Presidents have established certain protections for some employees of the federal government by executive order. It was not for years that a president did in fact establish an executive order in order to protect LGBT discrimination in the work force. In 1995, President Bill Clinton's Executive Order 12968 establishing criteria for the issuance of security clearances included sexual orientation for the first time in its non-discrimination language: "The United States Government does not discriminate on the basis of race, color, religion, sex, national origin, disability, or sexual orientation in granting access to classified information." It also said that "no inference" about suitability for access to classified information "may be raised solely on the basis of the sexual orientation of the employee." Clinton's Executive Order 13087 in 1998 prohibited discrimination based on sexual orientation in the competitive service of the federal civilian workforce. It applied to employees of the government of the District of Columbia and the United States Postal Service and to civilian employees of the armed forces, but not to certain excepted services, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation. Clinton acknowledged its limitations in a statement:〔(【引用サイトリンク】title=1998-05-28 Statement on Amendment to EEO Executive Order )
At the start of 2010, the Obama administration included gender identity among the classes protected against discrimination under the authority of the Equal Employment Opportunity Commission (EEOC). It was Obamas’ wish to further attend to LGBT civil rights not only through legislation, but also the executive branch. In 2012 the Equal Employment Opportunity Commission ruled that Title VII of the Civil Rights Act of 1964 does not allow gender identity-based employment discrimination because it is a form of sex discrimination.〔 In 2015, the Equal Employment Opportunity Commission concluded that Title VII of the Civil Rights Act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination.〔〔
On March 31, 2014, U.S. District Court Judge Colleen Kollar-Kotelly ruled in the case of ''TerVeer v. Billington'', that Peter TerVeer can sue for discrimination under Title VII of the Civil Rights Act, that bans sex discrimination, claiming that he faced discrimination after his boss found out that he was gay. Title VII does not explicitly protect against sexual orientation discrimination, but Judge Kollar-Kotelly's ruling leaves that a person could bring a claim under Title VII’s ban on sex discrimination because an employer views an employee’s sexual orientation as “not consistent with acceptable gender roles.”
On July 21, 2014, President Obama signed Executive Order 13672, adding "gender identity" to the categories protected against discrimination in hiring in the federal civilian workforce and both "sexual orientation" and gender identity" to the categories protected against discrimination in hiring and employment on the part of federal government contractors and sub-contractors.
A bill to ban employment discrimination on the basis of sexual orientation and gender identity, the Employment Non-Discrimination Act (ENDA), has been introduced repeatedly in the U.S. Congress since 1994.

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