Sunday, March 24, 2013

Fired for Being Gay in 2013

Link to Article

Andre Cooley, a gay man from Mississippi was allegedly fired from his job as a corrections officer due to his sexual orientation. 27 year old Cooley managed to keep the fact that he was gay a secret from his employer and colleagues until one day, when he called the cops due to a violent altercation with his boyfriend and his colleague showed up at the scene. Three days following the incident, Cooley was fired from his job. His employer denies that he was let go due to his sexual orientation and instead argues that it was because of his unprofessional behavior that reflects negatively on the organization. However, Cooley was off-duty at the time of the incident was a victim in the case. Even further, Cooley claims that he was told directly from a supervisor that he was fired for being gay.

After Cooley was fired from his job, he immediately contacted local lawyers to take on his case, but he had no luck because Mississippi is one of the 29 states in the US that do not protect discrimination based on sexual orientation in the work place. Discrimination based on sex, race, age, religion, national origin, and disability are all covered under the federal law, but in these 29 states, sexual orientation and gender identity are not. This means that an employer has the right to not hire or fire people simply because they are gay. This is astounding considering that our current president supports gay rights and marriage and the majority of the general public believe that the LGBT community should have the same rights as anyone else. After investigation, Cooley was eventually granted his job back on the basis that his employer is a federal government and firing an individual for being gay goes against the constitution. However, if it were any other organization that was not apart of the government, it is likely that Cooley would not have been able to win this battle and continue to be out of a job.

This case illustrates how an action can be legal and ethically wrong at the same time. Based on the laws of Mississippi, employers can legally get away with refusing or firing employees simply based on their sexual orientation. Regardless of their work performance, intelligence, talent and excellent work ethics, sexual orientation can take precedence over one's career. Cooley was reportedly an excellent worker before he was fired and after he got his job back, but that did not stop his employer from immediately canning him when his sexual orientation was revealed. The US has dealt with unjust discrimination for decades and it is unbelievable that it still goes on today in 2013. Although it is legally acceptable, organizations must follow their personal code of ethics and mission to determine whether discrimination in any form is morally just.


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