LGBTQ Discrimination at Work

The numbers shared with us in an article on the prevalence of LGBTQ discrimination in the workplace are staggering.

UCLA’s Williams Institute reports there are more than 13 million LGBT people ages 13 and up in the U.S.

According to a recent survey by the Center for American Progress, half of LGBTQ adults reported they experienced some form of workplace harassment or discrimination in the past year based on their sexual orientation, gender identity, or intersex status. This included firings, denial of promotions and work hours, and being subjected to physical or verbal harassment.

What’s the impact of this behavior? For the individual, it can have adverse mental effects such as depression and anxiety, and adverse physical health—fatigue, headaches and digestive problems. Consider if an employee under these circumstances is performing at their best. Discrimination is a human issue.

For the organization that is perceived as unsupportive of LGBTQ employees—and all employees for that matter—they can experience a lower level of job commitment leading to lower productivity rates, inability to attract diverse talent—or moreover qualified talent for that matter—and damaged reputation. All these factors negatively impact the bottom line. Discrimination is a business issue.

In the landmark 2020 decision, the Supreme Court held that discrimination on the basis of sex applies to an individual's sexual orientation and gender identity under Title VII of the Civil Rights Act of 1964. Discrimination is a legal issue.

At a time when everyone from management attorneys to HR organizations are weighing in on the external climate which is attacking everything from LGBTQ employees to DEI, employers are caught in a ball of confusion. Let’s get back to basics. What can organizations do to ensure that their workplaces are not only free of discrimination—all forms of discrimination—but that they are positive and engaging work environments.

First and foremost: Create a culture of kindness. This leads to everyone feeling included—feeling like they belong and want to be part of the organization.  This is the human element.

Then communicate. Let employees and managers know what the expectations are—everyone is to be treated with respect and dignity. Communicate through actions. Leaders need to model the behavior they expect of others.  And they need to call out behavior that fails to meet expectations as well as recognize and reward behavior that does. This is the business element.

As part of the communication process, train managers and employees how to recognize all forms of workplace discrimination and harassment. This can also include bystander training: awareness, attitudes, and action.

Finally, have a well-written, effective policy that follows the EEOC’s enforcement guidance. The policy should include a process for investigating complaints, also included in the guidance, which should be followed consistently. This is the legal element.

Bottom line. Discrimination, no matter its form, no matter its target, is disrespectful behavior. And disrespectful behavior does not belong in the workplace, or any place for that matter. Pay attention to, and enforce, the human issue, so you don’t have to worry about the legal issue. If you do so, your organization will thrive.