June 1976

HIGH GEAR

WHEREFORE ART THOU GAY EMPLOYMENT?

By J.N. with warm

gratitude to

David Fisher

The current status of legal protection for gays on the job is a sorry state. There is, in fact, no protection for the gay individual in private enterprise. A supervisor has within his power the right to fire, refuse to hire, or promote anyone whose character he feels doesn't conform to "expected standards." The imposing data indicate a private employment dismissal can be arbitrary and without reason.

Fortunately, those working for any branch of government local, state, or federal are

protected under the fourteenth each case which might make the amendment the due process effort worthwhile. For one thing, amendment of fairness. One is the company one works for may entitled to a hearing where the have government contracts government must prove and which justify government insubstantiate allegations, before terest in the company's emanyone can be fired. The "boss" ployees. In short, the company must prove first, that there is employee may not be the only justified cause for the action supervisor. and secondly, must show some connection between a person's homosexuality and the position either being dismissed applied for.

The Civil Service Commission Regulation under the section marked, "Determining Suitability for Federal Employment" reads:

"Individual sexual misconduct will be considered under (all) guides discussed above. Court decisions require that persons not be disqualified from Federal employment solely on the basis of homosexual conduct. The Commission and agencies have enjoined not tofind a person unsuitable for Federal employment solely because that person is a homosexual or has engaged in

homosexual acts."

"Based upon these court defcisions and outstanding injunction, while a person may not be found unsuitable based on unsubstantiated conclusion concerning possible embarrassment to the Federal Service, a person may be dismissed or found unsuitable for Federal employment where the evidence establishes that such person's sexual conduct affects job fitness."

and

In accordance with the later, jibberish-laden phrase of the. regulation, the Civil Service Commission still may view homosexuality as a security risk bar gays from selected governmental positions. Nonetheless, the federal stand provides gays the only written job protection presently available in the U.S. outside of the 33 municipalities which have passed similair ordinances.

Taking a private employer to court for a dismissal due to homosexuality is a hairy task. Although there are no statutes working in a gay person's favor, independent variables enter into

Another possible route toward successful legal action is for a gay employee to prove thats/he was either blackballed or slandered by his/her higher-ups. Though in this event one is not likely to retain the job, at least s/he can procure some monetary settlement.

The ACLU has shown a continuing interest in handling job discrimination cases. Significantly, the organization has been more victorious legislatively than in the courts. The overall picture is bleak. To show prejudicial treatment, one must prove a pattern. No private employer is stupid enough to lay out openly a series of de facto employee discrimination actions. In addition, most sex discrimination cases fall into the bracket of class action and how the alleged prejudicial treatment has affected large numbers of people. Though a gay individual may instigate the suit, one can rest assured the opposition will attempt to show s/he doesn't really represent any significant class of employees.

The most viable. argument gays in private employment have is the premise that one's sexuality has nothing to do with his/her job fitness. One's lawyer can show the incriminated is a crucial asset to the company, has an excellent record which 'objectively warrants promotion rather than dismissal. The sad news is that only a handful of gays have proven discrimination on the basis of homosexuality. It is inevitable that as gay civil rights cases hammer away at the judicial conscious, a firmer precedent will be established.

Until then, progress lies chiefly in the legislative process. Law directors and area city councils hold the key to our future. Cleveland gay activist John Kelsey offers five simple

rules for approaching E.P.O.'s, Elected Public Officials. His suggestions are ones that all of us can take the time to enact in some manner. 1) E.P.O.'s are only interested in votes, so it is imperative that one first register to vote. Professional E.P.O.'s scramble for every vote, and should you approach them personally, you can bet they'll look at your registration as soon as you walk out their door.

2) Letters from individuals have more clout than a petition with one hundred signatures. The E.P.O. knows that the circulator of the petition is the only one that gives a damn; people sign petitions, often, just to be polite. Not many votes there.

3) On seeing any E.P.O., you must dress conservatively. All politicos believe unconservative dressers are street people who seldom vote, but if they do, vote Socialist Worker's Party.

4) On leaving an E.P.O., one should present him/her with a letter reiterating all that was told to his/her face. Politicians pride themselves for not remembering requests but vote totals.

5) If the E.P.O. indicates s/he is for your cause, remind him/her via telephone again; again, and again. If a telephone blitz doesn't bring results, send him/her a hand-delivered telegram requesting another appointment. The E.P.O. will then probably live up to his/her side of the bargain, just to get rid of you.

Should a gay person come out of his/her closet on the job? If you know there are other gays where you work who are tolerated and not incriminated, there's a good chance you can declare yourself without experiencing repercussions. Generally, outside of government employment you can be investigated by any supervisor who shows disfavor to you. This can result in your dismissal with no recourse to any kind of hearing. It is precisely for this reason that we must organize and lobby in every city of the state of Ohio which does not provide us job protection. And now.

Page 13

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