On Aug. 4, a United States District Court judge ruled unconstitutional California's Proposition 8, a ballot initiative that banned same-sex marriages. Less than one year ago, President Barack Obama signed into law the Matthew Wayne Shepard legislation, making the commission of a crime against someone based on his or her sexual orientation a federal hate crime. Both events are milestones in the war on discrimination.
Passage of a law or an important court victory does end our battle for equality. Unfortunately, the battle against all types of discrimination is far from over. Over the last decade, we have watched discrimination become more subtle. However, it remains alive and well in all flavors and colors.
Within the work place and housing industry, most landlords and employers know they can no longer blatantly refuse to hire someone based on the color of their skin. And in increasing numbers of jurisdictions, it is no longer proper to consider sexual orientation. Those laws, however, do little to change attitudes or assure equality.
Public attitudes are slow to change. In many cases it requires one or more generations to effect meaningful change. Unfortunately, the courts continue to see record numbers of discrimination cases. More cases instead of fewer.
As a society, we must be ever vigilant to discrimination around us. A company with a quiet policy of not hiring gays might be harder to spot but the conduct is still illegal. And virtually every jurisdiction in the United States now has "whistleblower" laws to protect concerned employees that oppose discrimination in the workplace.
Getting co-workers to stop using the term "fag" or the n-word ( a derogatory term for African Americans ) was relatively easy. Changing the attitudes of those workers and ending discrimination in workplaces, accommodations and housing is not.
Yes, it is time to celebrate our hard-fought victories but let's never rest until we work and live in a world where we are free to openly celebrate our diversity. Be vigilant for hiring and promotion trends at works, secret code words and unequal pay. As one temp agency found out, writing "hockey player" on interview notes or "likes cupcakes" had nothing to do with a prospective workers hobbies or food preference. It was nothing more than a thinly disguised ploy to let managers know whether to hire or reject a candidate.
Brian Mahany is an attorney representing victims of illegal discrimination. He welcomes comments and can be reached at brian@mahanyertl.com .