Reference no: EM132265710

Brad has worked in the marketing department of So Clean! for the past five years. So Clean is a company that produces household cleaners. Brad is an excellent employee and was recently promoted. Shortly after his promotion, Brad decided to reveal publicly that he is homosexual. His family and most of his co-workers have been very supportive.

Soon after his promotion and announcement that he is gay, Brad began having problems with his boss, Jennifer. She began asking Brad questions about his personal life. At first it was small things, such as asking Brad whether he was a smoker (he is, although only outside the workplace). Jennifer then began asking Brad very personal questions about his sexuality and told him she did not like weak men. The final straw for Brad occurred when Jennifer announced that she would cure his homosexuality and told him to come home with her that night after work or be fired. Jennifer was careful that there were never any witnesses around when she asked Brad personal questions or propositioned him. Brad refused Jennifer’s advances and was fired. He filed an administrative complaint with the Equal Employment Opportunity Commission (EEOC) alleging wrongful termination, retaliation, sexual harassment, and sexual discrimination. Jennifer’s response was that she fired Brad because of creative differences about how to run the marketing department and because he is a smoker. Jennifer denied Brad’s accusations about sexual discrimination and harassment.

1. May a man file a claim of sexual discrimination? Sexual harassment?

2. May an employer discriminate against an employee because he is gay?

3. May an employer fire an employee because the employee smokes outside the workplace?