human beings and no identified group lacks the attributes required to develop a moral personality. Therefore, gays and lesbians are entitled to the guarantees of justice; the equality rights afforded to heterosexuals must also be afforded to homosexuals.
Applying the justice principles of Rawls’ theoretical perspective even further, one could presume that workplaces could only be considered “just” when the same rights guaranteed to heterosexual employees are also guaranteed to homosexual employees. Employing a nondiscrimination policy inclusive of gays and lesbians may help to level the opportunity of injustice by ensuring that sexual orientation cannot be a deciding factor in practices related to hiring, firing, or promotion within the organization. Rawls’ theory is pertinent to this study because it provides justification and validity to affording rights to individuals who are traditionally oppressed in American society. Thus, his work helps to guide the rationalization for the use of nondiscrimination policies inclusive of gays and lesbians in the workplace in the study discussion.
Martha Nussbaum’s Theory of Human Rights
Like Rawls, Martha Nussbaum developed a theory of social justice and human rights. Nussbaum’s theory, while certainly feminist in foundation, addresses the rights of gays, lesbians, and bisexuals. In her work, Nussbaum proposes 6 rights that should be afforded to lesbians and gays: