LGBTQ Employment Discrimination

LGBTQ Employment Discrimination
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LGBTQ Employment Discrimination
Introduction
In 2015, the Supreme Court of the U.S. ruled that marriage is a right guaranteed to same-sex couples. Many individuals thought that the lesbian, gay, bisexual, and transgender (LGTBQ) community had won the largest battle in history. There is no doubt that the ruling in favor of the LGBTQ was significant. However, that alone did not solve various outstanding issues facing the community, especially workplace-related matters. A study by the Human Rights Campaign (2014) demonstrated that most LGTBQ workers are U.S. closeted in the workplace. Since 2014, little progress has been made regarding the issue. While the Fortune 500 and other businesses in the U.S. have made strides towards inclusivity in the workplace, legal protections have not been afforded to the LGTBQ individuals from state to state. More corporates in the U.S. have LGTBQ inclusive policies. Despite such measures, such workers continue to face a patchwork of legal protections, causing many to hide their sexual orientation for fear of facing discrimination in their workplace and society. The fear of discrimination has adverse effects on the productivity of LGTBQ workers (Steffens, Niedlich & Ehrke, 2016). Some fear that disclosing their sexual identity would deny them job opportunities and promotions. It could also subject some to unfair treatment from their colleagues and seniors.
In the U.S., most of the LGTBQ workplace problems emerge due to the absence of a federal law that explicitly protects workers from discrimination because of their sexual identity and gender expression. The protections that exist are majorly from individual states, leaving federal laws to interpret the law meant to protect the group. The lack of a legal framework that explicitly protects LGBTQ people from discrimination in the workplace leaves many vulnerable (Mallory & Sears, 2020). For instance, only 22 states and the District of Columbia prohibit LGTBQ discrimination in the workplace, both in the public and private workforce. The remaining 28 states have not yet enacted legislation to prohibit discrimination in the workplace based on sexual orientation and gender expression.
Discrimination based on sexual orientation and gender expression in the workplace is a social problem. Legislation alone is not sufficient to address the issue. Even with progressive legislation, workers sometimes lack access to legal redress due to lengthy legal procedures or inadequate resources for representation. Some LGTBQ workers are reluctant to file discrimination complaints because they fear losing their jobs if their employers discovered (De Shutter et al., 2009). Others do not have adequate confidence in the complaint’s procedures. It is common for LGTBQ respondents to be denied job opportunities because of their sexual orientation, which is sometimes done straightforwardly in job interviews. Others have missed opportunities due to their gender expression. Some employers may term some form of clothing and mannerism as not matching a particular legal gender identity. It is common for LGTBQ workers to be dismissed unfairly or denied promotions (Sears, Mallory &am...