To avoid future problems the employer's focus should not be on the employee's status as a gay or lesbian, but rather on the employee's workplace performance. Since affinity orientation is not a protected category under Title VII, the employer has more flexibility in making workplace policies and decisions on this issue. The employers approach will depend on his or her views and preferences. The employer can choose to deal with the affinity orientation issue in a less restrictive manner or the employer can take a middle-ground position; there's no specific policy of either support or prohibition, but the employer deals with the issues as they arise on a case-by-case basis.
In conclusion, Title VII of the Civil Rights Act of 1964 protects against discrimination based on a person's gender, not their affinity orientation. The safer approach is to base employment decisions on the person's qualifications and fitness for the job, rather than on questionably relevant characteristics about their personal life. …
