Jason Mendoza comes to you for legal advice.  He recently lost out on a promotion to Senior Foreman at ABC Construction Company.  He tells you his boss gave the promotion to a co-worker with significantly less experience and less seniority.  Jason explains that he identifies as gay and that his boss is aware - they are social friends and frequently hang out after work.  Jason tells you that his boss never made derogatory comments about Jason's sexual orientation and that he never felt discriminated against by ABC Construction or any of his co-workers.

When Jason asked why he did not receive the promotion, his boss told him, "Sorry, Jason, the other guy has a degree in civil engineering and you don't.  Besides, you know if I gave you the job the guys would think I was as gay as you. I'd lose all respect." 

Jason wants to know if he has some sort of claim against ABC Construction.  Provide Jason with the following information:

• The law (or laws) applicable to this situation;
•  what Jason will have to prove, and how he can respond to ABC's defense that the co-worker's degree justifies the decision; and
• What Jason needs to do to start the legal process.