The LGBTQ+ community is, to say the least, vibrant, beautiful, and dynamic—all things that are being diminished within the workplace by lack of security and support.
The past year and a half's political climate amid the coronavirus pandemic has exposed many unaddressed and longstanding problems in the workplace for the LGBTQ+ community and minorities, including equity, equality, inclusion and accessibility—areas of fundamental human rights and social justice as a whole. As public forums and community involvement around these issues of employer and corporate responsibility have increased in the media, there are still members of the LGBTQ+ community, predominantly the TQ+ members, who live in fear and hiding; closeted within the workplace.
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What will it take to make real, long-lasting change?
No one deserves to be forced to conceal their true selves in the workplace. Industries and employers are losing out on the opportunity to enrich workspaces and private and public sectors due to their staff and employees not being protected enough to feel secure in offering their true, authentic selves. The harmful, negative effects on overall health of harboring oneself is immeasurable.
Legal advocacy for freedom and protection of gender identity and sexual orientation has been a tumultuous, arduous path in American history. Recently, we made progress with the landmark U.S. Supreme Court (SCOTUS) case Bostock v. Clayton County, where Title VII of the 1964 Civil Rights act was cited for its use of the term "sex" to prohibit employment discrimination against LGBTQ+ workers. Gender identity and sexual orientation were considered included within this terminology, offering federal protection for LGBTQ+ employees.
This ruling is a huge win but unfortunately, the ruling does not protect those who work in businesses with 15 or fewer employees.
Often, this senseless size parameter can translate into a lack of protection in the workplace for the LGBTQ+ individuals who live in more desolate areas of our country where support networks and advocates are already sparse.
There are also other important gaps in this federal protection that must be addressed in order to protect and create an inclusive, safe and equal work environment. Some of these include:
- Paid parental leave for LGBTQ+ new parents
- Health care benefits for trans people, same-sex partners and HIV positive folks
- Clearly defined company systems and procedures to protect LGBTQ+ workers from workplace discrimination
- Universal workplace restrooms
- Corporate and company intake forms and other documentation allowing for nonbinary gender identity disclosure and preferred pronoun use
- Safe spaces, workplace groups, educational offerings and trainings surrounding LGBTQ+ community workplace development
In Justice Neil Gorsuch's address in ruling in favor of Bostock v. Clayton County, he gives insight into the pertinence of demanding legislation for true, guaranteed protections. He states, "only the written word is law, and all persons are entitled to its benefit."
It is clear that these inadequacies in employment policies must be addressed for the protection and security of the LGBTQ+ working community and their families. Employment discrimination on the basis of sexual orientation or gender identity is federally illegal, yet as seen above, inequality and discrimination will still run rampant in many aspects of our workplaces and their cultures.
A recent April 30 through May 12 survey published by LinkedIn through YouGov examined 2,001 LGBTQ+ professionals on their position of being out in the workplace, how they feel this has or would affect their workplace standing and relationships as well as upward mobility within their companies. The results were staggering:
- Nearly a quarter (24%) of surveyed professionals were not open about their identity in their workplace, according to a new survey, with 26% of respondents worried that being open about themselves would cause coworkers to treat them differently.
- Roughly half (47%) of people said they believe being out would hurt their job search efforts. Many said they believe it already negatively affected their careers by being overlooked for jobs or promotions.
- Nearly a third (31%) of LGBTQ+ professionals say they've faced blatant discrimination or microaggressions at work and 25% of people said they left a job in the past because they did not feel accepted at work.
- More than half (57%) of people said they would like companies to have clear policies to protect LGBTQ+ workers.
- Nearly half (49%) said they'd like to see hiring practices supporting LGBTQ+ applicants.
- Lastly, 45% said they wished their employers would create safe spaces for LGBTQ+ workers, such as employee groups.
By staggering, I mean these numbers are depressing.
The LGBTQ+ community is, to say the least, vibrant, beautiful, and dynamic—all things that are being diminished within the workplace by lack of security and support. If employers aren't actively working to create a safe, recognized, and cultured space for all, they are missing out.
Every person deserves a work environment that invites the celebratory display of loving cards, and pictures on desks, phone calls from a partner, surprise flowers sent for an occasion, visits from family or friends. Unfortunately, many LGBTQ+ employees are still grappling with proper workplace facilities, care options for newborns, medical coverage, and not having a box for their gender identity to check on company forms—let alone celebrating themselves, their families, and diversity generally within the workplace. Demanding representation, protection and equality within the workplace for LGBTQ+ must go beyond rebranding with rainbows for Pride month—it should be a part of workplace culture every day of the year.
Angela D. Giampolo, principal of Giampolo Law Group, maintains offices in Pennsylvania and New Jersey and specializes in LGBT law, business law, real estate law and civil rights. Her website is www.giampololaw.com, She maintains two blogs, www.phillygaylawyer.com and www.lifeinhouse.com. Contact her at [email protected].
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