Unlike same-gender sexual harassment claims, if an individual is harassed or fired from her private employment on the basis of her sexual orientation or affectional preference, most of the major federal discrimination laws will not protect her. Homosexuality plus certain other factors may support the constitutionality of certain adverse employment actions in varied government positions.
Unfortunately, the recent Employment Non-Discrimination Act, which would have amended Title VII to include discrimination based on sexual orientation, failed in both houses of Congress. While sexual orientation discrimination still exists, the good news is that eight states and the District of Columbia have incorporated full protection for employees against employment discrimination on the basis of orientation into their human rights laws.