Final answer:
The U.S. federal government cannot refuse to hire an individual based on sexual orientation, as per the Title VII of the Civil Rights Act of 1964, especially following the 2020 Supreme Court ruling in Bostock v. Clayton County, Georgia. This ruling and previous executive orders have ensured robust protections against discrimination for LGBTQ individuals within federal employment and contracting.
Step-by-step explanation:
Can the United States Federal Government Refuse to Hire Based on Sexual Orientation?
No, the United States federal government cannot legally refuse to hire a person based on their sexual orientation. This protection is encompassed under the Title VII of the Civil Rights Act of 1964, which was extended through the Supreme Court ruling in Bostock v. Clayton County, Georgia in 2020. The court's decision clarified that discrimination based on sexual orientation and gender identity is a form of sex discrimination and therefore is prohibited under federal law. Prior to this ruling, federal legislation already protected federal employees from such discrimination, and several local jurisdictions had enacted measures to prevent discrimination based on sexual orientation and gender identity in employment.
Historically, policies such as the infamous "don't ask, don't tell" and Executive Order 10450 had negatively impacted LGBTQ individuals in federal employment. However, significant progress has been made over the years, with milestones including President Obama's executive orders prohibiting discrimination in the federal service workforce and among federal contractors. Alongside these federal protections, various states and cities have also passed laws to protect LGBTQ employees from discrimination in both public and private sectors.
Despite these protections, there have been instances where state laws have allowed discrimination against LGBTQ individuals based on religious beliefs. However, the trend has been toward expanding protections and ensuring that sexual orientation and gender identity discrimination are not tolerated in federal employment or contracting.