On Nov. 8, Maine citizens will have the opportunity to vote to keep Maine’s anti-discrimination law on the books. One aspect of this law is that it protects people from being discriminated against at work due to their sexual orientation as opposed to their work performance.

There are two central questions at play here. The first question is this: does discrimination toward people due to their sexuality occur? There

is no doubt that widespread, brutal and on occasion deadly abuse has, and does, occur in Maine.

The second question is do Maine workers currently enjoy adequate protection from arbitrary power of their employer? To answer that question, we need to look at Maine workers legal protection at work. So, under what circumstances can someone be fired?

Most people think that management must have a good reason to fire a worker. Unfortunately today in Maine, many Maine workers can be fired for just about any reason, or for no reason at all. This means that we have no rights to our job, but serve at the will of the employer. Exceptions to “at will” employment are carved out by state and federal laws which give employees some protection. Examples of protection include race, religion, ancestry, sex, national origin, union activity, pregnancy, physical or mental disability and now in Maine sexual orientation.

So, if you are fired because you are Irish, that is illegal. However, as employees have only very weak rights to find out the reason for their firing, it is difficult and costly to gain justice, even if your legal rights have been violated. In all these circumstances, it’s the responsibility of the fired worker to put together a case and prove that their employer was in the wrong.

Some employees have found contractual solutions to the inadequacy of American law. Union workers, some professionals and top management often negotiate employment contracts that include “Just Cause” provisions. Essentially, just cause means that discipline will only happen with good reason, such as for poor performance, stealing or repeatedly violating company policy.

There are a number of well-developed legal principles, which establish how just cause is met. For instance, has the employer made the job duties and expectations well known? Is the employer applying the rules in an even-handedly to all employees? Is the consequence of breaking the rules or policies well known?

For the fortunate among us who have just cause contracts at work, it is management’s responsibility to give the just cause, or list, the reasons a worker may be fired. Basically, this brings the principle of innocent until proven guilty to our work place.

At the Greater Bangor Area Central Labor Council (GBA-CLC), AFL-CIO, we believe that all workers, not just union members and top management, should enjoy just cause benefits. This way everybody would be given the most rudimentary protection at work.

Let’s be clear, we have unions because we care about our jobs and want to make them better. None of us appreciate lazy, incompetent, or dishonest work. It is not enjoyable working next to someone who performs in such a way. These people should be punished, but punished in the right way, according to just cause principles.

Increasing the protection of Maine’s workers to include discrimination according to sexual orientation is an important step forward that our generation can make to build on the struggles of our ancestors.

The GBA-CLC would rather that we solved the whole problem through granting all workers just cause provisions. Nevertheless, Maine’s anti-discrimination law is on the ballot Nov. 8 and it represents a very significant step forward for the rights of all workers.

Our progress as a civilization can be seen when we develop legal and contractual rules that curb arbitrary power and increase our freedom. Our country has steadily developed into a country where minorities, be they African American, disabled, or Irish, have gained legal protections to gain both freedom and a share of the American dream. We still have a long ways to go to develop the legal institutions to protect our freedoms; but including protection for non-work related things like sexual orientation clearly is a significant step forward in the progress of our state and country.

On Nov. 8, we have the opportunity to play our part in creating a more just and humane society through supporting legal protections from arbitrary power and so strengthening the possibility for freedom and dignity for more Maine citizens.

It is for these and other reasons that the Greater Bangor Area Central Labor Council, AFL-CIO urges people to vote no on Question 1 on Nov. 8.

Jack McKay is president of the Greater Bangor Area Central Labor Council (GBA-CLC), AFL-CIO