Brad has worked in the marketing department of “So Clean!” for the last five years. So Clean! is a company that produces household cleaners.
Brad is an excellent employee and was recently promoted. Shortly after his promotion, Brad decided to reveal publicly that he is gay. His family and most of his co-workers have been very supportive.
Soon after his promotion and announcement that he is gay, Brad began having problems with his female boss, Jennifer. She began asking Brad questions about his personal life. At first it was small things, such as asking Brad if he was a smoker (he is, although only outside the workplace).
Jennifer then began asking Brad very personal questions about his sexuality and told him she did not like weak men. The final straw for Brad occurred when Jennifer announced that she would “cure” him and told him to come home with her that night after work or be fired. Jennifer was careful that there were never any witnesses around when she asked Brad personal questions or propositioned him. Brad refused Jennifer’s advances and was fired. He filed an administrative complaint with the Equal Employment Opportunity Commission (EEOC), alleging wrongful termination, retaliation, sexual harassment, and sexual discrimination. Jennifer’s response was that she fired Brad because of “creative” differences about how to run the marketing department and because he is a smoker. Jennifer has denied Brad’s accusations about sexual discrimination and harassment.
1. May an employer fire an employee based on sexual orientation?
2. May an employer fire an employee because the employee smokes outside the workplace?
3. May a man file a claim of sexual discrimination? Sexual harassment?
4. What rights does an employee have in the workplace?
5. What defenses does an employer have to allegations of discrimination?