Lesbian, Gay, Bisexual, and Transgender Workplace Issues: Quick Take

Most Countries and States Do Not Provide Legal Protections for LGBT Employees

Seventy-seven countries prohibit discrimination in employment because of sexual orientation, including Australia, Canada, France, Germany, Mexico, the Netherlands, Switzerland, and the United Kingdom.

  • On June 15, 2020, the Supreme Court of the United States ruled that the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual orientation or gender identity. This means that workers across the US cannot be fired for being LGBT.

    • Prior to the ruling, there was no state-level protection for sexual orientation or gender identity in 28 of the 50 US states.

      • Out of an estimated 8.1 million LGBT workers aged 16 or older, nearly half (3.9 million) lived in states without statutory protections.

In June 2017, the Canadian government amended the Human Rights Act to outlaw employment discrimination based on gender identity and expression.

In September 2018, India’s Supreme Court struck down section 377 of India’s penal code, a colonial-era law that penalized consensual same-sex relations.

Today, More Fortune 500 Companies Offer Benefits to Their LGBT Employees

As of 2020, 93% of Fortune 500 companies have non-discrimination policies that include sexual orientation. Ninety-one percent have non-discrimination policies that include gender identity. Many companies also provide other benefits.

  • 53% include domestic partner benefits.

  • 65% include transgender-inclusive benefits.

Gender-diverse boards are more likely to advance LGBT-friendly workplace policies.

Many LGBT People Work in Industries Highly Impacted by Covid-19

Early estimates indicate that more than 5 million LGBT employees may be affected by the pandemic.

  • About 40% of LGBT employees work in industries where they face more exposure to infection and/or economic insecurity.

    • 2 million (15%) of LGBT workers are in restaurants and food services.

    • 1 million (7.5%) work in hospitals.

LGBT Employees Often Face Hostility in the Workplace

One-fifth (20%) of LGBTQ Americans have experienced discrimination based on sexual orientation or gender identity when applying for jobs.

  • LGBTQ people of color (32%) are more likely to experience this type of discrimination than white LGBTQ people (13%).

  • 22% of LGBTQ Americans have not been paid equally or promoted at the same rate as their peers.

Offensive jokes based on sexual orientation or gender identity are a form of harassment.

  • Over half (53%) of LGBTQ employees heard lesbian and gay jokes at work, while 37% heard bisexual jokes and 41% heard transgender jokes in 2018.

  • In China, 21% of transgender employees reported that they were harassed, bullied, or experienced discrimination at work.

Transgender workers are subject to different types of harassment than LGB workers. This includes bathroom accessibility, being deliberately referred to by incorrect pronouns, and having to tolerate inappropriate questions, which can lead to employee disengagement and avoidance.

Fear Prevents LGBT Employees From Bringing Their Full Selves to Work

Almost half (46%) of LGBTQ workers in the United States are closeted in the workplace.

Nearly two thirds (59%) of non-LGBTQ employees believe it is “unprofessional” to discuss sexual orientation or gender identity in the workplace.

LGBT people often cover or downplay aspects of their authentic selves (e.g., by hiding personal relationships or changing the way they dress or speak) in order to avoid discrimination.

  • Employees report feeling exhausted from spending time and energy concealing their sexual orientation (17%) and gender identity (13%).

  • And concealment is not an option for transgender employees who wish to begin transitioning, unless they leave their current employers.

  • More than a third (35%) of LGBT and slightly more than half (51%) of transgender employees in the UK disguised their identity at work for fear of discrimination.

Inclusive Work Cultures Determine Whether LGBT Employees Leave or Stay

A quarter (25%) of LGBTQ employees report staying in a job due to a LGBTQ-inclusive work environment.

  • 10% of LGBTQ employees have left a job because the work environment did not accept LGBTQ people.


Openly LGBT Corporate Leaders Are Rare

Fewer than 0.3% of Fortune 500 board directors were openly LGBTI in 2020.

In 2018, Beth Ford became the CEO of Land O’Lakes and the first openly gay woman to run a Fortune 500 company.

by Catalyst

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