To most American gays and lesbians, the recent political losses at the ballot boxes seemed overwhelming, a staggering and malicious reminder that they still face an uphill battle in achieving an equal place in society. Thankfully, many of those public defeats can now be measured against a smaller cache of victories in the private sector. According to the “State of the Workplace” report released June 6 by the Human Rights Campaign in Washington D.C., more and more private companies are embracing non-discrimination policies that include the GLBT community.

In 34 states, it’s still legal for companies to fire an employee based on their known or perceived sexual orientation, and in 44 states it is still legal for an employee to be fired for their sexual identity. Only New York, New Jersey, Connecticut, Florida, Hawaii, Illinois and Massachusetts have workplace anti-discrimination laws that extend to transgender employees.

Job equality doesn’t just include the right to a stable, non-threatening working environment; same-sex couples are legally denied the same benefits and privileges as their heterosexual peers, including health and dental insurance.

In a direct and polarized contrast to the lack of legal workplace protection offered by the government, an ever increasing number of employers are offering protection to include gays and lesbians. To date, 8,000 employers offer in one form or another the same protection to GLBTs as they do to heterosexual employees; including 238 Fortune 500 companies, 129 city and county governments, and nearly 300 colleges and universities. American Airlines, Apple Computers, AT&T, Amazon.com and Avon are just a few examples of leading corporations that offer domestic partner health benefits. Even Anheuser-Busch, a company long remembered for its animosity toward the GLBT community in the ’70s and ’80s, has stepped up to plate with their own benefits package, mirroring the businesses mentioned above. Locally, Northrop Grumman, Gateway Inc., Sempra Energy, Qualcomm Inc. and Science Applications International offer similar benefits packages.

Gays and lesbians aren’t the only parties now protected by these private policies; transgender persons have seen the greatest increase in recognition and protection, with companies adding terms such as “gender identity” and “gender expression” to their vocabulary.

“Corporate America knows that fair treatment is not just the right thing to do – it’s good for the bottom line,” said HRC President Joe Solmonese. “Non-discrimination policies and equal employee benefits help to recruit and retain the best talent … while improving productivity by ensuring that all of their employees can provide for their families.”

While instances of workplace discrimination might be fading, cases of legal discrimination and religiously based boycotts and pressure tactics are on a dramatic upswing. Recently, the American Family Association, a conservative Christian lobbying group, called for a boycott on Ford Motor Company products due to their corporate pledge to protect GLBT employees as they would their heterosexual employees.

Last month, Special Counsel Scott Bloch, who manages the federal agency responsible for investigating workplace discrimination, told the U.S. Senate that he doesn’t have the authority to enforce a ban on discrimination based on sexual orientation or gender identity.

In Colorado, Governor Bill Owens recently vetoed a business- and family-friendly non-discrimination measure that had passed the state legislature only weeks earlier. Governor Owens followed former California Governor Pete Wilson as the only two state leaders to veto measures prohibiting sexual orientation based job discrimination

Thankfully California is again leading the way when it comes to legal protection. Senate Bill 973, authored by Sheila Kuehl, D-Santa Monica, passed the Senate Public Employment and Retirement Committee on a 24-15 vote. Sponsored by Equality California, SB 973 proposes to allow the domestic partners of public employees to choose death benefits if the retiree dies before they do. The bill must now be approved by the state Assembly before going to the Governor Arnold Schwarzenegger’s desk.

According to the California Department of Fair Employment and Housing, “discrimination and harassment based on sex, sexual orientation, marital status, religion … or disability (to include HIV and AIDS) is illegal.” If an employee or potential employee feels that their rights have been violated, they may file with DFEH within one year from the date the alleged act took place. If DFEH finds that an illegal act took place, the affronted party can be entitled to everything from back pay and lost promotions to reinstatement and reimbursement for damages and out of pocket expenses.

More importantly, such complaints can lead to policy changes from the offending company. In addition, the company may be ordered to pay administrative fines, which, combined with other awards, can equal up to $150,000.

If an individual decides to pursue his or her case in a private lawsuit, the potential remedies remain identical, with two exceptions: There would be no limit on the amount of emotional distress, and instead of administrative fines, the company can be liable for unlimited punitive damages.