Abstract
Although the United States has made great strides toward equality for its LGBTQ+ citizens in recent years, South Africa has demonstrated far greater progress concerning equal protection and employment non-discrimination of its LGBTQ+ citizens. The South African Constitution, South African Constitutional Court cases, and laws passed by the South African Parliament all mandate that LGBTQ+ South Africans be treated equally to their heterosexual counterparts. Discrimination against LGBTQ+ South Africans is expressly forbidden— including in the employment context. The United States still lacks comprehensive federal employment non-discrimination laws or workplace protections for LGBTQ+ individuals. Extending Title VII—either via court decision or by passing the Equality Act—will provide robust workplace protections on the basis of sexual orientation and gender identity.
Recommended Citation
Jared Ham, Wrongful Termi(gay)tion: A Comparative Analysis of Employment Non-Discrimination Laws and the LGBTQ+ Workplace Protections in South Africa and the United States, 104 Cornell L. Rev. 233
(2019)
Available at: https://scholarship.law.cornell.edu/clr/vol104/iss1/6
Included in
Civil Rights and Discrimination Commons, Labor and Employment Law Commons, Sexuality and the Law Commons