Is it legal for the company to refuse to hire Mark based on his being gay?

Suppose that an employer discharges a 58-year-old employee for creating too many pieces that fail to meet quality standards. The best evidence the employee could present in support of a claim that he is being discharged due to his age is:

a)A high-level management official in another department has made remarks indicating hostility against older employees.

b)The employee’s immediate supervisor, who made the discharge decision, is much younger than the employee.

c)The employee is older than any other employees who have ever been discharged in the past.

d)Younger employees who created more sub-quality pieces have been retained as employees.

Answer the questions that follow the scenario:

Suppose you are the hiring manager working for a private sector company. After reviewing applications and conducting interviews with candidates, you conclude that the individual best qualified for the job is Mark. During his interview, Mark made a statement indicating that he was gay. Based on this remark, your boss tells you that he does not want to hire Mark.

1. Is it legal for the company to refuse to hire Mark based on his being gay?
2. Would your answer be the same if, instead of being a private sector company, the employer was a federal government agency?
3. Using the Internet, identify current laws in your home state addressing affinity orientation discrimination and same-sex domestic partner benefits.