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William & Mary Journal of Race, Gender, and Social Justice

Abstract

This article describes the methods and results of a quantitative study of employment discrimination against bisexuals. The authors begin with a discussion of bisexual invisibility and questions of bisexuality as a legitimate gender identity, issues that compound discrimination already faced by those with non-heterosexual identities. A review of existing case law shows how lawyers and judges can perpetuate these issues. After a brief discussion of methods, the authors break down the results of their survey. Respondents reported a variety of types of employment discrimination and harassment as well as infrequent reporting of the discrimination and harassment. The authors conclude by suggesting potential next steps, which could include passing a federal law barring employment discrimination based on sexual orientation and specifically and explicitly addressing the protection of bisexuals in both laws and legal proceedings.

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