The ACLU has sued a sheriff's office in Mississippi because they fired a corrections officer for being gay. Mississippi doesn't have gay-inclusive antidiscrimination legislation, and of course that's part of the sheriff's office defense:
The Hattiesburg American reports that the law enforcement agency has said in court documents that no federal or state law exists in regard to firings over sexual orientation.
The American Civil Liberties Union filed suit in October on behalf of Andre D. Cooley, a former corrections officer for juvenile detainees.
The suit claims Cooley's civil rights were violated. The suit alleged Cooley was fired in June after his supervisors found out he was in a relationship with a man.
The suit, as I understand it, will argue that Cooley's due process rights were violated because he was employed by the government. Whether that's as strong of an argument as they could have made had ENDA been passed is a good question, but we'll never know because the Democrats ran a shell game on us this year and we fell for it because it's more popular to support the troops than it is to support labor.