GAY AND LESBIAN FAMILIES

Analysis

Protecting Gays and Lesbians in the Workplace

Gays and lesbians have experienced a long history of employment discrimination. In many cases this discrimination violates the constitutional rights of gays and lesbians including those protected by the Equal Protection Clause, the First Amendment, and the Due Process Clause. The fact that qualified and dependable American employees live and work under fear that they may lose their jobs based upon reasons other than skill level and competence is shocking and in some sense un-American. For example, employers in currently twenty-nine states can legally fire their employees based on perceived sexual orientation. In addition, discrimination is also manifested in the persistent and significant wage gap that exists between heterosexual and LGBT employees. A study led by the Williams Institute found that government LGBT employees earn wages that are 8-29% lower than their heterosexual counterparts.

Clearly, the need for federal employment non-discrimination legislation is undeniable. A study in 2008 found that one in five LGBT public sector employees has experienced workplace discrimination on the basis of sexual orientation; further, a study done this year found that 13% had reported such discrimination in the past year alone. Fortunately, progress against workplace discrimination has been made in the private sector; for example, the Human Rights Campaign reports that among the Fortune 500, 423 companies (85%) have non-discrimination policies that include sexual orientation. On the other hand, however, gay and lesbians still must face ardent opponents such as those who advocate against non-discrimination polices based on the assumption that it infringes upon on their free exercise of religion.

Job discrimination, for any reason, is un-American, unfair, and unwise. Our nation's economic success depends on having the most qualified, dedicated, and competent people as part of the workforce, regardless of sexual orientation.  Further, this issue goes to the core of what it means to be in a free society. Freedom depends on people having the opportunity to pursue any career they wish.  Yet, hundreds of thousands of gay and lesbian Americans still are affected by employment discrimination.

Read an in-depth documentation on workplace discrimination at the Williams Institute.

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