As the debate over gay marriage continues to intensify
throughout the country, so does the issue of workplace rights for
the lesbian, gay, bisexual and transgender (LGBT) community. LGBT
workers currently face substantial legal uncertainty when it comes
to workplace discrimination. They do not currently benefit from
nationwide protections against discrimination. Instead, LGBT
protections consist of a confusing patchwork of judicial and agency
interpretations combined with state, municipal and local laws that
make discrimination actionable only under certain theories or at
specific geographic locations. Protections can vary widely by
location, sometimes even by county within the same
state.1 As a result, LGBT workers continue to face
discrimination in employment with relatively few, if any, legal
protections.