Category Archives: LGBT

How pronoun policies can help HR referee when gender and religion clash

Source: Ryan Golden, HR Dive, October 18, 2019

In general, employers have a lot of leeway over workplace policies, but they should be careful with phrasing, attorneys told HR Dive. ….

….This particular case concerns public-sector employment and state law claims but it may not be too much of a stretch to imagine how a similar situation could arise in the typical U.S. workplace.

Consider the landscape: nearly one-fifth of U.S. adults in a 2019 Pew Research Center survey said they personally know someone who uses pronouns such as “they” over pronouns such as “he” or “she.” A recent report by the Chicago Tribune on inclusive language policies at IBM indicated employers are beginning to encounter issues around pronouns more frequently. And at this year’s annual Society for Human Resource Management conference, pronouns were included as part of an early session on LGBTQ awareness and best practices for the workplace.

So could an employer, hypothetically, discipline an employee who does not adhere to a rule that employees must properly address co-workers, pronouns included? Does it matter if the employee cites a sincerely held religious belief?….

How LGBTQ Union Activists Transformed the Labor Movement

Source: Kim Kelly, Teen Vogue, No Class, June 7, 2019

….In 28 U.S. states, queer and trans workers can still be fired due to their sexual orientation and gender identity, and a strong union contract is often the only legally binding workplace protection available to LGBTQIA workers to fight employment discrimination. This is especially important because of the high unemployment rates for transgender and non-binary people — 16% overall — which can be compounded by other factors like racial discrimination, age discrimination, or national origin discrimination…..

Amid Strikes and Shortages, Governors Prioritize State Workers’ Plight

Source: Katherine Barrett and Richard Greene, Governing, February 25, 2019

Protesting teachers likely won’t be the only public employees who see pay raises and workplace improvements this year. ….

– In their State of the State addresses and executive orders this year, many governors are making public workforce issues a priority.
– They are particularly targeting teachers and corrections staff for pay raises.
– Several governors are focused on fighting sexual harassment and LGBT discrimination in state government…..

L&E Evolution Part II: Discrimination

Source: Lorene D. Park, Labor Law Journal, Vol. 69 no. 4, Winter 2018
(subscription required)

This is part two of a multi-part series on the evolution of labor and employment law in the United States.

When President Lyndon B. Johnson urged Congress, in the wake of President John F. Kennedy’s assassination, to pass the Civil Rights Act of 1964 (Title VII), he spoke of the need to eliminate “every trace of discrimination and oppression that is based upon race or color.” Here we are, more than 50 years later, and antidiscrimination laws are still a work in progress, moving in directions that earlier generations of lawmakers would likely find surprising: for example, cases involving religious accommodation of atheists, debates over whether adverse actions due to spousal jealousy are “because of ” sex, and discrimination based on perceived disabilities, to mention a few.

New laws have been enacted, including GINA and the OWBPA, and existing laws have expanded, including the ADA and its definition of disability. Court precedent has also evolved in significant ways. For example, some courts now hold that discrimination based on sexual orientation is discrimination “because of … sex” under Title VII, while other courts hold otherwise. Our political climate too has fostered rapid changes in how agencies enforce labor and employment laws, and employers are having a hard time keeping up.

All of this has been influenced, of course, by wave after wave of social movements large and small, usually with a catchphrase and now often prefaced with a hashtag (e.g., #Black Lives Matter, #MeToo). Given the ever-changing legal landscape of antidiscrimination laws, the purpose of this article is to assess what the state of the law is and to consider the directions we are going…..

Related:
L&E Evolution: Redefining Employment Relationships
Source: Lorene D. Park, Labor Law Journal, Vol. 69 No. 1, Spring 2018
(subscription required)

Rapidly advancing technology, cultural changes, and a sharply divided political landscape have so changed the workplace that lawmakers are struggling to catch up and tailor labor and employment laws to reflect these changes, to establish cross-jurisdictional consistency, and to enable employers and practitioners to make decisions based on solid ground. Nowhere is this more obvious than in battles over the most basic of definitions: “employer” and “employee.” This is no simple matter of black letter law, at least not anymore. For example, the proliferation of smart phones and other technology has led to online platforms for gig workers, and a simple “click” of the mouse can create a contract on which companies may rely to require arbitration or to disclaim a traditional employment relationship…..

Inclusive Work Practices: Turnover Intentions Among LGBT Employees of the U.S. Federal Government

Source: Meghna Sabharwal, Helisse Levine, Maria D’Agostino, Tiffany Nguyen, Advance Articles, The American Review of Public Administration, First Published December 12, 2018
(subscription required)

From the abstract:
The federal government lags behind in progressive civil rights policies in regard to universal workplace antidiscrimination laws for lesbian, gay, bisexual, and transgender (LGBT) Americans. The slow progress matters to inclusionary workplace practices and the theory and practice of public administration generally, as recognition of LGBT rights and protection are constitutive of representative bureaucracy and promoting social equity. This study examines the turnover intention rates of self-identified LGBT employees in the U.S. federal government. Using the Office of Personnel Management’s inclusion quotient (IQ), and 2015 Federal Employee Viewpoint Survey (FEVS), we identify links in the relationships between workplace inclusion and turnover outcomes among LGBT individuals. We also examine the impact of agency type on LGBT turnover rates based on Lowi’s agency classification type. Key findings suggest that LGBT employees express higher turnover intentions than those that identify as heterosexuals/straight, and LGBT employees who perceive their agencies as redistributive or communal are less likely to experience turnover intentions. However, an open and supportive workplace environment had a positive impact on turnover, suggesting that to implement effective structural change in an organization’s culture of inclusion, public sector managers must do more than merely “talk the talk.” This finding is also suggestive of LGBT employees’ desire to avoid the stigma of being LGBT and hide their identities. Institutions must heed the invisible and visible identities of their employees to be truly inclusive. Workplace practices that acknowledge the invisible and visible identities of their employees are a positive step toward real workplace inclusion.

Underrepresented, Underemployed: In the library-job search, some face special barriers

Source: Anne Ford, American Libraries, Vol. 49 nos. 11/12, November/December 2018

….White’s concerns represent only some of the potential obstacles that people from underrepresented demographic groups face when applying for positions in the library field—a field that remains about 86% white and 97% able-bodied (per the 2017 ALA Demographic Survey, which did not ask about sexual orientation.)

Because the library profession has been trying to diversify itself for a long time—particularly racially, and particularly through initiatives such as diversity task forces and diversity fellowships—some may be surprised that people from underrepresented communities still encounter barriers to library employment….

Municipal Equality Index – 2018

Source: Human Rights Campaign (HRC) Foundation, October 2018

From the press release:
Today, the Human Rights Campaign (HRC) Foundation, the educational arm of the nation’s largest lesbian, gay, bisexual, transgender and queer (LGBTQ) civil rights organization, in partnership with the Equality Federation Institute, announced that a record-setting 78 cities across the nation earned perfect scores in the seventh annual Municipal Equality Index (MEI), meeting the most demanding and pioneering criteria since the report’s debut in 2012. The MEI is the only nationwide rating system of LGBTQ inclusion in municipal law, policy and services.

The 2018 MEI evolved dramatically this year, instituting new benchmarks ensuring equal access to single-user facilities in public spaces, as well as protecting LGBTQ youth from bullying in city services and from dangerous so-called “conversion therapy.” Additionally, this year the MEI deducted points for laws that include provisions licensing discrimination against the LGBTQ community.

But even with these more stringent MEI requirements, cities and municipalities are meeting and exceeding our standards with innovative measures to protect LGBTQ people. A record 78 cities earned perfect scores for advancing LGBTQ-inclusive laws and policies — up from 68 in 2017 and 11 in 2012, the first year of the MEI. And in the current political reality, welcoming cities like these are more important than ever….

How Companies Make It Tougher for Lesbian, Gay, and Bisexual Employees to Achieve Work-Life Balance

Source: Katina Sawyer, Christian Thoroughgood, Harvard Business Review, August 23, 2018

…. Recently, we conducted a qualitative study in which we interviewed 53 lesbian, gay, or bisexual (LGB) employees in the U.S. across various industries and job types. Specifically, we asked about their work-family experiences at their current organizations. Our study was motivated by the observation that, since its inception more than 30 years ago, research on work-family conflict in organizations has assumed that employees belong to a heterosexual family structure (one man and one woman). Our goal was to determine whether previous research on employees’ experiences of work-family conflict applied similarly to LGB employees and their families.

We found that, although LGB employees experience many of the same work-family conflicts that their heterosexual colleagues do — for example, work time interfering with family time, or feeling unable to separate from work at home — they experience a range of additional conflicts related to their stigmatized family identity. These include a sense of tension over whether to take advantage of family-related benefits for fear of revealing their same-sex relationship, feeling conflicted over whether to bring spouses to work events, and feeling uneasy about discussing with a supervisor the family-related challenges that impact their work life. ….

States Ask Supreme Court to Limit LGBT Protection

Source: Chris Opfer, Bloomberg, August, 24, 2018

– Case tests reach of ban on sex discrimination in workplace
– Trump administration agencies divided over legal question

A group of 16 states urged the U.S. Supreme Court Aug. 23 to rule that companies can fire workers based on their sexual orientation and gender identity without violating federal workplace discrimination law.

The states, led by Nebraska Attorney General David Bydalek, asked the justices to overturn an appeals court decision against a Michigan funeral home that fired a transgender worker. They said Congress didn’t intend the ban on sex discrimination in Title VII of the 1964 Civil Rights Act to cover bias against lesbian, gay, bisexual, or transgender employees….