Legal Question in Discrimination Law in Kansas

Gay son

I work for a sales office made up of independent contractors. I, the office manager, and 3 other office staff are ''employees''. One of the other 3 employees is my son who is gay. One sales rep badgers me and my son everytime he comes into the office about my son's homosexuality. I am very uncomfortable, don't want to hear that kind of talk, and find it hurtful not just to me but my son. I feel I constantly have to justify his value to the company as well as why I, as a mother, love him. I am subjected to terrible language describing things that I don't want to think about. We recently were sent out of state to a convention and none of the men would share a room with him because they said it was the same as placing them in a room with a girl. I have asked the owner to address this kind of talk but nothing is being done. Hardly a day goes by without something being brought up about this and he has been with the company two years now. I don't know if there is a law against this or what it would be, but hostile work environment is a word that comes to my mind.


Asked on 8/28/03, 12:03 am

1 Answer from Attorneys
Michael Shultz Law Firm of Michael M. Shultz, P.A.

Re: Gay son

You are in a tough situation. First, the applicable federal laws against employment discrimination only apply to businesses with 15 or more employees. However, a person can file a claim under state discrimination laws when they work for a small employer. Second, the law generally does not prohibit discrimination, including hostile environment, based upon sexual orientation--unless it can be shown that the hostile environment is directed at a gay male and would not be directed at a lesbian woman. My guess is that the men you describe would not mind rooming with a woman--straight or lesbian! If the conduct is severe, it can rise to the level of intentional infliction of emotional distress. This is an action that is brought under state law. I would be happy to discuss this matter with you if you like at no cost whatsoever. Keep in mind that this answer is not intended to create an attorney client relationship and that anyone with an actual legal problem should consult a competent attorney for a more thorough examination of the situation.

Read more
Answered on 8/28/03, 9:32 am


Related Questions & Answers

More Other Discrimination Law (Age, Race, Sex, Gender) questions and answers in Kansas