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Ferris State University

LGBT Workplace Equality

Leah Aldrich
BLAW 421
Professor Emily Fransted
4/20/2015

Alice graduated 2nd in her class from Yale Law School. She was quickly approached
from one of the best law practices in the area and was eagerly waiting to accept her dream job.
Everything was falling into place for Alice and above all that she had just married the love of her
life, Amanda. A woman. News spread like wildfire and when her new employer found out about
the marriage, she was denied her recent job offer. The employer explained that allowing someone
who is LGBT at their office will undermine their company values and ultimately support her
lifestyle. Unfortunately, Alice lives in one of the 29 states that does not have laws protecting
LBGT from discrimination.
The demand for equality in the workplace and in the general environment is powerful.
Todays workforce in increasingly becoming more diverse with people from all walks of life.
This includes employees with different religions, race, class, and sexual orientation. All of these
except sexual orientation are among the protected class. Sexual orientation is a controversial
topic and unfortunately many homosexuals and transgenders are discriminated against everyday.
Only 21 states including the District of Columbia have laws that protects the LGBT community
from being fired, discriminated against, or harassed at the workplace. Out of these 21 states, only
18 of them prohibit discrimination based on gender identity. Although sexual orientation rights
have dramatically increased in the workforce, the fight for LGBT equality is not over yet.
The progress for equality with all LGBT candidates is similar to the Civil Rights
Movement of 1964. Title VII of the Civil Rights Act of 1964 protects Americans in the
workforce from discrimination based on race, sex, national origin, color, and/or religion.
According to Employment Law For Human Resource Practice, although Title VII of the Civil
Rights Act refers to sex as a protected class, the courts have consistently held that protection
against discrimination based on sexual orientation. Attempts to amend title VII to include

sexual orientation (and, more recently, gender identity) as a protected class have become regular
events, but thus far none of these bills have become law (Walsh 378-379). With these crucial
laws upheld and no protection for a fair amount of the LGBT community, workplace
discrimination will continue to be an issue. According to the LA times, 4 percent of the entire
U.S workforce identifies themselves as either gay, lesbian, bisexual, or transgender. However,
since many people are afraid to express their true selves with the possibility of ruining their
livelihood, 4 percent is at the low end of the spectrum. Out of these 4 percent, 21 percent of the
LGBT workforce has reported discrimination whether it be pay, promotion, or hiring. An even
more shocking number, 47 percent of transgenders have reported some similar type of
discrimination in the workplace as well.
Why isnt there protection for the majority of LGBT community in the workforce? For
many, this may be based off of religion and what is believed to be right. Companies and
agencies may also find other reasons hiring a homosexual could hurt their company. Many of
these cases have involved government agencies with security or law enforcement missions. For
example, the FBIs refusal to hire a lesbian was upheld as constitutional (based on concerns that
homosexuals would be more subject to blackmail to prevent themselves of their partners from
being outed) (Walsh 378-379). Another case was the Georgia Attorney Generals decision to
take away a women's offer of employment after they have found out that the woman had engaged
in a commitment ceremony with her female partner. This time, the claim is that citizens would be
confused about what the law is regarding same sex marriage and that the public image of the
company would be harmed. (Walsh 378-379). It is not uncommon for employers to believe that
hiring a homosexual would demoralize their beliefs and values in their company. Because there
are limited laws, companies in 29 states are still legally able to discriminate against LGBT and

some have no problem doing so. There are also claims that state why support and work for a
company that doesnt support you? Unfortunately this doesnt always work and people may not
have a choice where theyre getting their income from. It is important to either add in sexual
orientation as a protected class or make another law that bans discrimination of homosexuals in
the workplace.
Many companies are voluntarily taking steps towards equality in the workplace for all
despite only few states with specific references to employment sexual orientation discrimination.
For example, nearly 91 percent of Fortune 500 companies include sexual orientation in their
workplace policies and 61 percent include gender identity. An astounding 66 percent of these
Fortune 500 companies provide domestic partner health insurance benefits to their employees as
well. (Human Rights Campaign). Although this is wonderful, not all companies are quite as
open and non discriminatory. What is the best way to implement equality for all? One of the best
choices out there in my opinion is to implement EDNA (Employment Non-Discrimination Act).
The Employment Non-Discrimination Act (EDNA) would provide basic protections
against workplace discrimination on the basis of sexual orientation or gender identity. (Human
Rights Campaign). Similar to Title VII of the Civil Rights Act of 1964 and the Americans with
Disabilities Act, EDNA explicitly prohibits preferential treatment and quotas. It also does not
permit disparate impact suits and it exempts small businesses, religious organizations, and the
military. The bill was first introduced in 1994 to the 103rd Congress. It was not until 2007 that
EDNA became the first bill to include sexual orientation and gender identity. Although the bill
has not been passed yet, the Human Rights Campaign has put tremendous effort in order for the
Senate to pass the bill. Public Support for EDNA was also overwhelming with around 2/3 of
voters which includes a strong population of Republican voters. In a recent hearing to pass

EDNA on September 23rd, the House Education and Labor Committee supported EDNA and has
the bipartisan support of 178 members of the House of Representatives. The head of the U.S.
Equal Employment Opportunity Commission, Stuart Ishimaru, stated It is a privilege to
represent the Obama Administration and the EEOC at the first hearing this Congress to consider
ENDA, to voice the Administration's strong support for legislation that prohibits discrimination
on the basis of sexual orientation and gender identity. This legislation will provide sorely needed
and long overdue federal protection for lesbian, gay, bisexual, and transgender (LGBT)
individuals, who unfortunately still face widespread employment discrimination. (Employment
Non-Discrimination Act). Although it is not legal yet, things are starting to fall into place for the
hope of equal opportunity employment for everyone someday.
As a future human resource manager, I am looking to work for a company that
acknowledges a no tolerance discrimination policy (against whomever) and understands the
importance of providing a diverse workforce including LGBT employees. If I was to work for a
company who has yet to implement a non discrimination policy for LGBT I would sit down with
either the managers, bosses of the company, and/or other human resource management to discuss
how to implement a plan of action to help discrimination at the company. I personally will
continue to support EDNA and support equal rights for all. It is important to stand up for what
you believe in and to help others who are struggling. As a Human Resource Manager I will try
my hardest to cut out any discrimination when hiring, firing, promoting, etc.. and treat everyone
with the respect they deserve. A plan of action I read about and would recommend is
implementing the training program called Straight For Equality in the Workplace. This is a
training program that implements workplace fairness and discusses the issues for LGBT workers.
It is also presented in an accessible, non-confrontational, and non-political way. This training

program is also to help understand why it is critical to address issues of the importance of
cultural change and encouraging workers to participate to transform corporate culture.
Allowing a non judgmental and discrimination free work environment is something very
dear to my heart. I hope that in my lifetime I will continue to see progress for equality in the
workforce and people wont be afraid to be themselves. I will use my powers as a Human
Resource Manager to continue this fight for equality and to make sure that all of the employees
at my business will feel comfortable, appreciated, and in a non-discriminatory environment.

Works Cited

"Employment Non-Discrimination Act." American Civil Liberties Union. Web. 20 Apr.

2015. <https://www.aclu.org/cases/employment-non-discrimination-act>.

"Human Rights Campaign." Human Rights Campaign. Web. 20 Apr. 2015.

<http://www.hrc.org/>.
Juro, Rebecca. "It's Time for the U.S. Senate to Walk the Walk on ENDA (AUDIO)." The
Huffington Post. TheHuffingtonPost.com. Web. 20 Apr. 2015.
<http://www.huffingtonpost.com/rebecca-juro/its-time-for-the-us-senat_b_1613614.html>.
Lopez, Ricardo. "A Rundown of LGBT Workplace Discrimination Statistics." Los Angeles
Times. Los Angeles Times, 21 Nov. 2013. Web. 20 Apr. 2015.
<http://articles.latimes.com/2013/nov/21/business/la-fi-mo-a-rundown-of-lgbt-workplacediscrimination-20131121>.
"PFLAG National." PFLAG National. Web. 20 Apr. 2015.
<http://community.pflag.org/workplacefairness>.
"Sexual Orientation at Work." Google Books. Web. 20 Apr. 2015.
<https://books.google.com/books?id=m5XOAwAAQBAJ&pg=PA194&lpg=PA194&dq=Colgan,
F., Creegan, C., McKearney, A. & Wright, T. (2007). Equality and diversity policies and practices
at work: lesbian, gay and bisexual workers. Equal Opportunities International, 26(6), 590609&source=bl&ots=pmypsadwrz&sig=GHRgewyp6_qpc9dfzfS9QlY6wM&hl=en&sa=X&ei=tEExVfTxCvHmsATz4LIAw&ved=0CDUQ6AEwAw#v=onepage&q=Colgan, F., Creegan, C., McKearney, A. &
Wright, T. (2007). Equality and diversity policies and practices at work: lesbian, gay and
bisexual workers. Equal Opportunities International, 26(6), 590-609&f=false>.
Walsh, David J. "11/Protection Under Federal Law." Employment Law for Human
Resource Practice. St. Paul, MN: Thomson/West, 2007. 378-79. Print.
"Workplace Discrimination: Sexual Orientation." Workplace Discrimination: Sexual
Orientation. Web. 20 Apr. 2015. <http://consumer.healthday.com/encyclopedia/work-andhealth-41/occupational-health-news-507/workplace-discrimination-sexual-orientation646404.html>.