Gay Discrimination in the Workplace

In my book, A Matter of Trust, Brian Murphy is employed by Drummond Realty, which is touted as a gay-friendly environment. He finds out quickly that although the owner of the firm, Donald Drummond, is gay, the company policy against discrimination doesn’t trickle down to the trenches. Hired to work in the Information Technology Division, Brian finds himself relegated to the Mailroom after a run-in with an administrative assistant with a boss distracted by a messy divorce.

Brian’s situation is not uncommon. According to an article by Bruce Mirken for Consumer Health Interactive, one-quarter to two thirds of lesbian, gay and bisexual people have lost jobs or been denied promotions because of their sexual orientation. Gay workers earn less money than their equally educated counterparts.

Discrimination can take place subtly or overtly. In A Matter of Trust, Brian faces both overt and covert hostility. Mirken article states, “promotions…mysteriously go to less-qualified employees or a constant barrage of insults and antigay jokes that create a hostile, threatening atmosphere” are just some of the forms that homosexual bias can take.

Unfortunately that bias can extend to men or women whose “supervisors or co-workers believe he or she is gay,” even when their assumption is wrong. This kind of behavioral bias in the workplace is not illegal under present federal law. Gender discrimination is currently illegal in California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. Delaware, Indiana, Michigan, Montana, and Pennsylvania protect against discrimination in public workplaces only. In the rest of the United States, if you are gay or lesbian, you are at risk unless your local municipality has and enforces anti-discrimination laws.

The Employment Non-Discrimination Act (ENDA), S.1284/H.R. 2692 is pending federal legislation that would make it illegal to discriminate against an employee because of sexual orientation including hiring, firing, promotion, compensation, and most terms and conditions of employment. It would also protect workers from retaliation for reporting such discrimination to the authorities. ENDA is structured in the same manner as Title VII of the Civil Rights Act of 1964, which is the law that prevents discrimination against race, gender, or national origin and would be enforced in the same manner.

To live a decent life in the United States of America, you must be able to work. Discrimination in the workplace prevents a citizen from living a normal, decent life. As a country, we owe it to ourselves and the gay citizens among us to encourage our Congressmen and Senators to vote for ENDA to give true meaning to the phrase “liberty and justice for all.”

A Matter of Trust is available from XOXO publishing at www.xoxopublishing.com