Can an employer discriminate against an employee for their sexual orientation in states that have no specific laws against it?

The correct answer is that an employer can discriminate against an employee for their sexual orientation in states lacking specific anti-discrimination laws, unless protections are provided under federal laws.

The framework of federal law, particularly Title VII of the Civil Rights Act of 1964, has evolved through court interpretations to include protections based on sexual orientation, mainly through the precedent set by the Supreme Court in the case of Bostock v. Clayton County in 2020. This ruling established that discrimination based on sexual orientation is a form of sex discrimination, thus affording some level of protection under federal law. However, in states that do not have their own laws explicitly prohibiting discrimination on the basis of sexual orientation, employers in those states may have the ability to discriminate unless they fall under specific federal protections.

States that have not enacted laws addressing sexual orientation discrimination leave employees vulnerable to such discrimination in the absence of federal coverage. Thus, while employers may generally exercise discretion in hiring, promotion, and termination, federal law creates a baseline of protection against discrimination, which varies depending on the individual circumstances of the case and the jurisdiction involved.

This understanding clarifies the balance between state and federal authority on matters of employment discrimination, aligning with the current legal landscape surrounding sexual orientation in the