CHELSEA J. HUTTO DISCRIMINATION BASED ON SEXUAL ORIENTATION AND
GENDER IDENTITY
Slide 2
SEXUAL ORIENTATION AND GENDER IDENTITY Sexual orientation
Lesbian, Gay, and Bisexual Gender Identity Transgender Commonly
known as LGBT
Slide 3
LEGISLATURE No current federal law in place protecting LGBT
from discrimination in the workplace State law 20 states and
district of Columbia and 171 cities ban discrimination of LGBT in
workplace 12 states and 88 cities ban discrimination based on
gender identity Title 7 does not include sexual orientation as a
protected class
Slide 4
Slide 5
COURT CASES Rene v. MGM Grand (2002) Sexual harassment claim
Centola v. Potter (2002) Sexual discrimination and retaliation
claims Henderson v. Labor Finders of Virginia INC., et al. (2013)
Sexual discrimination and hostile work environment claims
Slide 6
ENDA Employment Non-Discrimination Act Would prohibit covered
entities from engaging in employment discrimination on the basis of
actual or perceived sexual orientation or gender identity Unlawful
to Fail or refuse to hire, discharge, or otherwise discriminate
with respect to the compensation, terms, conditions, or privileges
of employment Limit, segregate, or classify employees or applicants
in any way that would deprive any individual of employment or
adversely affect an individual status as an employee Would also
prohibit: Discrimination based off association or past experience
with litigation Retaliation
Slide 7
ENDA Covered entities include: Employers with 15 or more
employees Employment agencies Labor organizations Joint
labor-management committees Litigation Burden of proof lies with
plaintiff Would not include disparate treatment claims No double
recovery
Slide 8
ENDA EXCLUSIONS Religious organizations Organizations or
schools Applies to specific positions Can require employees to
conform to set of religious tenets, which could bar LGBT from
position Armed Forces
Slide 9
BACKLASH Opponents argue ENDA would provide Special rights Gay
agenda Endorsement of LGBT lifestyle Increases in litigation What
ENDA really provides Workplace equality Ability to succeed without
regard to SO or GI Data doesnt show litigation will increase
dramatically
Slide 10
SUPPORT Business Coalition for Workplace Fairness endorses ENDA
Fortune 500 and Fortune 50
Slide 11
Slide 12
STATS LESSON (JUST PRETEND IM NATALIE!) 89% of Americans
believe lesbian and gay people should have equal rights in work
place 58% believe transgender should have equal rights 16-68%
lesbians and gay people have experienced discrimination at work
13-57% of transgender individuals 1 in four experience it on a
weekly basis
Slide 13
COST OF DISCRIMINATION Loss in profits due to training and
unemployment benefits alone, not including outright terminations
$47 million
Slide 14
EFFECTS OF DISCRIMINATION Individual Level Threatens the well
being and economic survival of American workers and their families
Psychological toll of hiding Organizational or societal level Harms
the functioning of the workplace and the greater economy Overall
loss of worker productivity Waste of valuable resources due to
increased unemployment
Slide 15
WHY SHOULD YOU CARE? Good business practices Promote employee
fairness Decrease economic loss due to discrimination AND..
Increase Productivity!
Slide 16
WHAT CAN YOU DO? Training Safe Space, diversity, or harassment
training Anti-Discrimination policy implementation Company culture
http://vimeo.com/18581587 Gender neutral dress code
Slide 17
IMPLICATIONS Social Provides support for movements toward
equality in all areas of life Decreases in inaccurate stereotypes
Connection to gender roles Ethical Maintenance of equality
practices Elimination of discriminatory practices in workplace
Legal If ENDA is implemented vs. not implemented Influence over
future organizational policies
Slide 18
QUESTIONS Do we really have a ethical obligation as I/O
psychologists to ensure equal treatment of LGBT since it is not
currently a federal law? By implementing policies within the
organization, are we really preventing anything or will it
ultimately take a federal law to increase workplace equality? Based
on recent support and visibility of the LGBT community, do you
think ENDA will enacted in the near future? How do you think
religious companies will react?
Slide 19
REFERENCES www.seyfarth.com/publications/si051012 www.aclu.org
www.hrc.org www.caselaw.findlaw.com/us-9th-circuit/1003098.html
www.Dockets.justia.com
http://www.leagle.com/decision/2002586183FSupp2d40 3_1557
http://www.leagle.com/decision/2002586183FSupp2d40 3_1557 Guerin,
L. (2013) Essential Guide to Federal Employment Laws. Retrieved
from http://my- ebooks.bookrenter.com/books/9781413318142/epubcfi/
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