Can employers discriminate based on sexual orientation?

Employers can indeed discriminate based on sexual orientation in certain circumstances, particularly in locations where state or local laws do not provide specific protections for sexual orientation. While federal protections under Title VII of the Civil Rights Act as interpreted by the Supreme Court in recent rulings prohibit discrimination based on sexual orientation, not all states have enacted laws that clearly provide for these protections. In states without such laws, employers may have more leeway to engage in discriminatory practices based on sexual orientation.

It's important to recognize that while federal law may offer certain protections, the presence or absence of state laws plays a critical role in determining whether discrimination is permissible. Therefore, in states lacking specific protections against discrimination based on sexual orientation, it is legally possible for employers to discriminate under certain circumstances.