Discrimination of LGBTQ+ in the Workforce
Discrimination is treating a person person or particular group of people differently because of their race, gender, sexuality, etc., [1]and is still an ongoing issue in our everyday workforce in regards to LGBTQ+ individuals. Those within the LGBTQ+ community consists of lesbian, gay, bisexual, transgender, and "queer", which encompasses others on the sexual borderline, and in turn express their sexuality differently compared to the societal norm of being heterosexual.[2]Discrimination among the queer community in the workforce has existed since the beginnings of when individuals started becoming more comfortable in expressing their sexuality as many legal documents do not possess of any valid protection against them.
The General Social Survey has shown that 42% of queer people have experienced of employment discrimination in their lives, whether it is regarding compensation, termination, harassment, or employment.[3] Companies are all trying to accomplish the best results within their field by hiring employees that they feel to be suitable for the roles. A large disclosed company in the United States admitted that they "would not hire anyone they thought was gay", and "would not rehire gay or lesbian employees already employed".[4] An individual's sexuality does not conclude that their mental and physical abilities to accomplish tasks are any different than if they are heterosexual instead.
Legal Issues
Civil Rights Act of 1964
Title VII in the Civil Rights Act of 1964 in the United States disallows companies and employers from hiring, firing, or discriminating individuals based on their "race, colour, religion, sex, or national origin".[5] Many queer people have tried to gain justice for unequal treatment in the workforce, but courts have denied their lawsuits due to inadequate basis for sexual orientations. [5] Some courts concluded that Title VII includes sexual orientations, but the U.S. Justice Department argues it does not, while taking back a memo Barack Obama initiated that disallows queer discrimination after Donald Trump arrived in office.[6]
Currently, 20 states and the District of Columbia already have laws that disallow discrimination upon sexual orientation and identity in the workplace. But queer individuals in the other 28 states still remain vulnerable to discrimination by their employers.[7]
Employment Non-Discrimination Act
The Employment Non-Discrimination Act would ensure total equality in the workforce, which will include individuals of all sexual identities. This would be an addition to Title VII of the Civil Rights Act of 1964, so all the previous protections given to individuals would still be in place. This Act is widely needed in the United States since there are around 8.2 million gay and lesbian employees alone, not including those who do not fall within the sexual binaries.[8]
It has been proposed in the United States Congress since 1994, but has failed yearly since.[8] Efforts have been made to have the bill brought to the House of Commons and the Senate, but have never been passed. In 2007, the bill was passed in the House of Commons that was controlled by Democrats, but later still failed in the Senate.[8] Republicans are usually far more against this bill than Democrats because they believe there are already policies regarding discrimination against sexual identities, but those are not law enforced and have not shown much success.[8] Recently, the Republican President, Donald Trump, has shown many actions that are against queer individuals in general, not just towards this one act.[9] With the government not supporting queer rights, it is unlikely that this bill will be passed in the near future.
Consequences
Safety
Discrimination against queer individuals in the workforce is more than just within the context of gaining employment. They are also faced with daily reminders of their differences Without the same treatments in a workplace for all employees despite their sexual orientations, many queer individuals are faced with complications in regards to their safety. Discrimination may lead to emotional and physical abuse from other employees who fail to stray away from heteronormativity.[10] The National Transgender Discrimination Survey has shown that 90% of transgender individuals experienced harassment at their workplace because of their sexuality, or that they hid their identity due to fear of harassment.[3] The percentage for other sexual identities are very similar to that of transgender's.
Most jobs usually come with employment benefits that ensure the health of an individual, but many queer people lack such benefits or coverage from their employers.[10] This places them at a higher risk of getting diseases, as they will lack prevention and antibiotics. If something were to happen, they would also lack the insurance and money to be able to pay for everything themselves.
Stability
Queer individuals living in a society where heterosexuality is considered normal and favoured experience instability due to lack of foundation and guarantee in their career. No matter what abilities they possess, employers will disregard them to point out their faults in identity. Even when they eventually do get hired, there is always a chance of upper level management who will eventually find out their sexuality and disapprove of their employment in the company. This leads to many queer individuals switching jobs frequently, and not have the chance to move up into higher positions within a company. According to The National Transgender Discrimination Survey, 26% of transgender individuals have been fired from their job due to their sexuality.[3]
They also experience compensation instability in the workplace, as they tend to get paid less than their heterosexual counterparts. Even though gay men are similarly qualified compared to heterosexual men, they are reported to earn 10% to 32% less without proper explanations.[10] Transgender people are also reported to earn less, with 22% to 64% of the transgender employable population only earning less than $25,000 a year.[10]
Case: Gregory Gilmore
In February 2012, assistant manager at Restoration Hardware in Indianapolis, Gregory Gilmore, received a termination letter after having worked there for six years with a steady pay of $40,000.[11] He had been engaging in "horseplay" at a gay bar and was discovered by his boss who later terminated him on the grounds of "violating Standards of Conduct policy", but Gilmore noted that the company's handbook had no such basis.[11] Although discriminatory, as the termination is highly based off of him being a gay employee, he has little possibility in bringing the matter to court as Indiana is one of the 29 states that does not protect sexual orientations in their laws.[11] Most people, like Gilmore, have to walk away from their jobs after termination silently even though it was from bias.
Out in the Union: A Labor History of Queer America
Out in the Union: A Labor History of Queer America is written by Miriam Frank in 2014, detailing the invisible stories of queer workers in American from the 1960s to 2013.[12] It demonstrates the history of the workers and their incredible journeys by first exposing themselves into the workforce, and fighting for their rights within the workforce. Frank also explains the importance of unions for queer individuals and how far the queer movement has gotten.
References
- ↑ "Cambridge Dictionary".
- ↑ "What Does LGBTQ+ Mean?". OK2BME.
- ↑ 3.0 3.1 3.2 "Fact Sheet: Employment Non-Discrimination Act". National Centre for Transgender Equality. January 15, 2014.
- ↑ Baker, Sara (June 2017). "Is it safe to bring myself to work? Understanding LGBTQ experiences of workplace dignity". Canadian Journal of Administrative Sciences. 34.
- ↑ 5.0 5.1 Keen, Lisa (March 28, 2018). "Title VII: Where and why 'sex' matters to LGBT employees". Keen News Service.
- ↑ Johnson, Chris (November 29, 2017). "U.S. agency to Congress: Pass law against LGBT workplace discrimination". Watermark Online.
- ↑ Hyman, Jon (December 2017). "LGBTQ Bias Moral, Not a Legal Issue". Workforce. 96: 25.
- ↑ 8.0 8.1 8.2 8.3 O'Keefe, Ed (November 4, 2013). "ENDA, explained". Washington Post.
- ↑ Ritschel, Chelsea (February 19, 2019). "As Trump administration announces gay rights campaign - here are eight anti-LGBT things the president has done". Independent.
- ↑ 10.0 10.1 10.2 10.3 Badgett, Lee (June 2007). "Bias in the Workplace: Consistent Evidence of Sexual Orientation and Gender Identity Discrimination" (PDF). The Williams Institute.
- ↑ 11.0 11.1 11.2 Murphy, Tim (July 21, 2015). "In Indiana, Employers Can Fire Workers for Being Gay or Trans—and They Do, All the Time". The Nation.
- ↑ Frank, Miriam (2014). Out in the Union: A Labor History of Queer America. Temple University Press.