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FACT: Forty of the 50 states allow employers to fire employees simply because they are gay, lesbian or bisexual.
In the mid-1980s I lived and taught in a rural Appalachian town in eastern Kentucky. I liked my neighbors. I liked the kids I taught. I loved the food (my friends used to say, `if it doesn't move, we'll fry it for dinner for you!'). And the valley in which the little hamlet was nestled was beautiful. Even the accents that swirled around your head as the town folk talked were mesmerizing. Having grown up in and around Detroit, I was enchanted by the different culture in which I found myself.
As a gay man, however, I was stifled. I had to live a `closeted' life. There were no openly gay people in the town. No way of meeting people. The closest gay groups, bars, and social organizations were two hours away by car. Not something that you decided on the spur of the moment to do! And the few closeted people I had found in the little town all told horror stories of being physically attacked, verbally ridiculed, or forced from their families. After three years in the town I knew it was time for me to move to a larger, more accepting community.
I applied for two identical jobs in the same town. Both were with Universities: one large and one small. Actually, people who worked at the institutions and were serving on the hiring committees had recruited me for both of the positions. In other words, I had `inside' information about how my applications were proceeding.
Everything went smoothly at the large University. My resume was reviewed. All of my references were checked. The search committee ranked me as their top candidate. An interview was arranged.
Over at the small University, however, things progressed differently. My resume was reviewed. All of my references were checked. The search committee ranked me as their top candidate. And then -- silence.
My contact at the small University informed me that the Dean would be calling soon to set up an interview. The committee clearly thought I was the best person for the job and they wanted to fill the position as quickly as possible. But still -- silence.
Eventually the large University offered me the position, which I accepted. Over the course of the next couple of months I forgot about the job at the small University. Instead, I got caught up in the excitement of moving, leaving friends, looking for a new place to live, and managing the move. I did hear through the rumor mill that the small University hired someone else. `Oh well,' I thought, `maybe a better qualified candidate applied after the deadline and got hired.' Since I had a job, the fact that I didn't get hired for the other one didn't weigh on my mind.
A few months later, while attending a conference, I met the person who had been hired at the small University. He seemed like a nice guy. Since we had the same jobs, only at different schools, we decided to meet over coffee and get to know each other better. It was during that initial meeting that he leaned over and asked me `Phil, do you know why you didn't get the job that I now have?'
`Not really,' I replied.
`Its because the Dean refused to interview or hire anyone that is gay. You were the search committee's top choice, but the Dean heard a rumor that you are gay and refused to bring you in for the interview' he informed me.
FACT: The employer does not have to PROVE that the person being fired is gay, lesbian or bisexual. Merely thinking that the person is gay, lesbian, or bisexual is just cause for terminating ones employment in 40 of the 50 states.
It was an eye opening experience for me. Sure I had read that people could lose their jobs because of their sexual orientation -- but that happened to other people, not to me. Not until then.
And despite knowing that I was the best qualified candidate for the job, and having proof that I had not been hired simply because of my sexual orientation, there was no way that I could fight back. I couldn't take the case to court since there was no law that made discriminating against me illegal.
FACT: Sexual orientation is not included in 40 of the 50 states nondiscrimination laws. Nor is it included in ANY federal nondiscrimination laws.
I still get angry when I think about what happened. But I also know that I was pretty damn lucky. I had not been fired from a job. My economic livelihood had not been jeopardized. I could still afford to pay my rent. My life hadn't been disrupted.
FACT: Gay, lesbian and bisexual people are legally discriminated against in the work force every day.
Each year tens of thousands of gay, lesbian and bisexual are not as lucky as I was.
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