The recent death of Frank Kameny has left many in New Jersey reflecting on his career with the federal government and the place he held as one of the icons of the gay rights movement. His activism for employee rights, especially for gays and lesbians, has led to a better workplace for federal employees across the nation.

Frank worked for the U.S. Army Map Service in 1957 when he was fired simply based on his sexual orientation. Soon after, he helped ignite a gay rights movement that has overturned centuries of misinformation, misunderstanding, and malevolence against the rights of a significant minority, simply because they defy the majority’s perspective.

Government discrimination barred many openly gay workers from federal jobs and allowed federal employers to get rid of any employees who were discovered to be — or merely suspected of being — gay or lesbian. Thanks to Kameny’s and others’ brave efforts, there are state civil rights laws in place today to protect workers against discrimination based on sexual orientation.  Federal employment discrimination laws presently do not cover gay and lesbian workers’ rights, but that is almost certain to change based upon recent and contemplated decisions by the U.S. Supreme Court.  The U.S. Constitution is almost certain to be interpreted to protect the rights of gays and lesbians to be free from discrimination in the workplace, even if Title VII to the U.S. Code does not so expressly provide.

At an event held by the Office of Personnel Management, the director of the agency apologized to Kameny for his discriminatory firing so many decades ago. He also thanked Kameny for all of the work he had done to help gays and lesbians get the civil rights protections they now have.  The OPM Director happens to be openly gay.

The effects of early civil rights activists in the workplace have extended to same-sex partnerships. The Obama Administration has mandated to same-sex partners many of the same benefits that heterosexual partners already possess. This, along with the recent repeal of the military’s “Don’t Ask, Don’t Tell” policy, shows that Kameny’s civil rights endeavors were on the mark.

Although civil rights laws are in place and aim to protect people from discrimination based on age, race, gender, disability, religion, national origin, sexual orientation or political affiliation, some employers unfortunately still continue to base employment decisions on these prohibited factors.

If you or someone you know may need legal advice, guidance, assistance, or advocacy in the areas of civil rights enforcement, please do not hesitate to write or call us.  We are here to fight for you and yours.

Source: Washington Post, “Kameny’s fight for gay rights made federal workforce better for us all,” Joe Davidson, Oct. 12, 2011