Employment Law

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Curious as to the percentage of gay people who are fired in…

Customer Question
Curious as to the...

Curious as to the percentage of gay people who are fired in the workplace due to job performance issues not related to their sexual orientation.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Has anything been filed or reported?

No not at this time. The situation involves a gay administrator who is creating a hostile work environment for other staff members.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think the administrator is utilizing his sexual orientation as a means of protecting himself from disciplinary action or possible firing by his employer. I believe if he is disciplined / fired he would sue the employer by utilizing a defense dependent on his sexual orientation.

Submitted: 1 month ago.Category: Employment Law
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Answered in 2 minutes by:
3/13/2018
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago
Damien Bosco
Damien Bosco, Attorney
Category: Employment Law
Satisfied Customers: 4,195
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

There probably no statistic to show the percentage of people fired who are gay for not being gay but solely based on lack of job performance. There may be a statistic about how many claims are made for sexual orientation discrimination. The real issue here though seems to be that there is a lack of job performance and the employer is concerned that if the person is terminated then the person may file a discrimination claim. Is that correct?

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Customer reply replied 1 month ago
you are correct.
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

If that is the case, then the employer must start documenting all the activity and reasons that may lead to a termination. Also, the person should be provided notice that the person needs to improve job performance. In other words, there has to be a paper trail. No employer can prevent someone from filing a discrimination claim. But the defense against a claim and to have it dismissed is having documentation to prove that the person was terminated due to job performance or lack thereof.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

Hello again:

I am checking in with you to see how things are going. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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