My Boyfriend has been working at a place for about 3 months... We've only recently started seeing each other, and I go there and visit him once in a while, when he gets off shift (key words here "Off shift") We gamble, and we've kissed in the bar area. Nothing more. Today he got a call telling him not to come in, and not to call until Monday (He was scheduled tonight, Sat, and Sun) The Mngr said a lady filed sexual misconduct or sexual harassment charges against him. The Mngr would not say who, where, when or why... just told him not to come to work. Well the new schedule was posted tonight and he's not on it. I called the County Attorneys office, and the Sheriffs office and no Charges have been filed against him. He is still in his probationary period at work, but is his employment doing this legally? We know it is because he was gay, and someone saw us kiss... He's a damn hard worker and does his job right. We have never kissed or anything while he was on shift... It all just sounds so illegal to me... What if anything can he do? If they were going to dismiss him on the probationary clause why wouldn't they have just told him that instead of saying someone filed charges against him? If they have a reason for dismissal and this is it, isn't this discrimination? Did I also mention that a female worker at this place has a girlfriend who is in this place all the time, and they have kissed, even while on shift...

Also we found out today that A male bartender is the one who told the owner and also a cook up there that and I quote "I can tolerate two women kissing, but two guys was just too much, I had to tell the owner, I couldn't handle it" My boyfriend tried calling to his work today, like he was told and the owner gave him the run around making other employees tell my bf he was too busy and finally that "He will call you when he wants to talk"

We are trying to figure out what to do? Do you think going to his place of work and letting the owner know that we are considering pursuing this legally will be enough? Also, I work for the Owners father.. they own Three Restaurants here in Montana, none of them are affiliated with the other.

Thanks for any and all advice
David

You appear to be confusing someone making a complaint of sexual harassment to the employer with someone making a criminal complaint to law enforcement. Those are two massively different things.

It is often appropriate (and completely legal) to suspend an employee accused of sexual harassment while the employer investigates the allegation. I'll take a look at Montana's DOL website and see if sexual orientation is a protected characteristic; it's not at the federal level but some States include that in their discrimination laws.

P.S. It's never very appropriate for couples to engage in displays of physical affection in their place of employment regardless of their gender or sexual orientation and even if they're off-duty.

This is how Montana's annotated code defines discrimination in employment practices:

49-2-303. Discrimination in employment. (1) It is an unlawful discriminatory practice for:
(a) an employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, or sex when the reasonable demands of the position do not require an age, physical or mental disability, marital status, or sex distinction;

As you can see, it does not include sexual orientation. Sorry.

Okay, but wouldn't someone filing a sexual misconduct or harassment report have to file that with Justice court i.e there would some proof of the filing in either the county attorneys office, or the sherriffs office?

Sexual harassment is reported first and foremost to the employer. It's only in rare, and fairly egregious cases, where it rises to level of a criminal matter and turns into a court case.

I can't break this gently, but, most people would rather see two women kiss than two men. And honestly, this is the ultimate sexual fantasy for many heterosexual males. Homophobes are everywhere. Unfortunately, you are better off for your long term social wellbeing to stay in the closet unless you are intimately familiar with the person. You are a victim of homophobia, plain and simple. Is it right? Nope. Is it illegal? Nope. Sexual orientation is not a federally protected status, nor is it protected in the state that you live in. SORRY.

There are lots of perfectly legal forms of discrimination: fat v. thin, cotton v. synthetics, Wranglers v. Levis...the list goes on and on and on. Again, is it right? Nope. Is it illegal? Nope.

Your employer does have a perfectly legitimate argument that you were engaging in a public display of affection.

Sorry for your getting terminated for your personal lifestyle. Personally, I would have given you a strong reprimand for loitering and public display of affection.