When I stated any non unionized person can be fired for any reason you stated "Not True". It's is true.
It's not true. See, for instance, Title VII of the civil rights act, which prohibits employment discrimination for several protected classes (race, gender, etc) but not for sexual orientation.
That's not accurate. Federal Employees are protected from sexual orientation discrimination.
I'm not talking about federal employees (although it bears mentioning that the EEOC doesn't cover sexual orientation discrim), I'm talking about federal law generally. There is currently no federal law protecting employees in private industry from sexual orientation discrimination.
States have enacted state laws prohibiting sexual orientation discrimination for both public and private sector jobs in: California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. (
Source).
I raised this very point to another poster in this thread a few pages back. I'm aware that about half the states have enacted anti-sexual orientation discrimination statutes, but again, half the states have not, and there are no federal protections. This puts homosexuals in a substantially crappier legal position than any other class of people, nationally speaking. In fact some states (notably Colorado, four or five years ago) attempted to create a constitutional amendment
protecting the rights of citizens to discriminate against people on the basis of sexual orientation.
Not under Federal Law but under state laws there are. You make it sound as if it's open season on gays and that's not the case.
In some states, yes. Again, I did say that already.
Even at the federal level, many of the sexual orientation cases are masked under harassment, wrongful termination or other such headings since a specific federal law does not exist for sexual orientation. To claim that they do not exist is misleading.
I'm not sure what "they" refers to in this context. If you're suggesting that I've claimed that there aren't federal harassment laws, I have not. Let's break this down a little:
1- The Constitution
Relevant caselaw (notably Romer v Evans) has established that discrimination on the basis of sexual orientation gets the rational basis test (as opposed to strict or intermediate scrutiny). This is, obviously, the lowest possible standard of review used by SCOTUS in 14th amendment cases, and it's only used when SCOTUS has determined that there is no suspect class at issue. So under the constitution, sexual orientation is not considered a protected class.
2 - Federal Statutory Protection - Title VII
As I said above, this law prohibits discriminatory employment practices, but only as applied to one of several protected classes. Sexual orientation is not one of them. SCOTUS reached this conclusion in Desantis v Pacific Telephone.
3 - Harassment Claims
You're correct that people have attempted to use sexual harassment laws to cover sexual orientation discrimination, but 1) that wouldn't work in a wrongful termination context, because harassment requires a pattern of abusive behavior, and terminating an employee wouldn't count, and 2) even where harassment as such has been proven, the courts haven't been very receptive to applying it to sexual orientation cases. The highest level ruling on this issue that I'm aware of came out of the 7th Circuit (certiorari was denied). That case was Spearman v Ford Motor Company, and it held, in essence, that the employee at issue (a male homosexual) was barred from bringing a harassment claim based on sexual orientation. So it's inaccurate to suggest that people have successfully applied harassment claims on the basis of sexual orientation under the relevant federal law.