Report

Documented Evidence of Employment Discrimination & Its Effects on LGBT People

July 2011

Title VII of the Civil Rights Act and most state laws do not expressly protect LGBT people from discrimination in the workplace. This study documents the existence of employment discrimination against LGBT people and its effects on their health and wellbeing.

Highlights
LGBT people consistently report having experienced discrimination based on their sexual orientation or gender identity in the workplace.
When surveyed separately, transgender people report even higher rates of employment discrimination and harassment than cisgender LGB people.
Discrimination against LGBT people negatively impacts their health, wages, job opportunities, workplace productivity, and job satisfaction.
Data Points
27%
of LGB survey respondents reported experiencing discrimination due to their sexual orientation in the past five years
7%
of respondents said they had lost a job because of their sexual orientation in the past five years
33%
of respondents said they were not out to anyone at work
25%
said they were out to all of their co-workers
38%
of respondents who were out at work reported experiencing discrimination in the past five years
Report

Executive Summary

Although sexual orientation and gender identity have no relationship to workplace performance,1 during the past four decades a large body of research using a variety of methodologies has consistently documented high levels of discrimination against lesbians, gay men, bisexuals and transgender (LGBT) people at work. Evidence of discrimination has been reviewed and summarized in two recent reports by the Williams Institute at UCLA School of Law: a 2009 report focused on discrimination in the public sector2 and a 2007 report focused on employment discrimination in the private sector3. This review excerpts key findings from those reports and updates those findings with results from recent studies. In addition, it presents for the first time, data documenting discrimination against LGB employees from the 2008 General Social Survey (GSS), a national probability survey representative of the U.S. population.

The evidence of discrimination in this report has been gathered from a variety of sources, including scientific field studies of LGBT and non-LGBT employees and controlled experiments; findings by courts and legal scholars; findings by federal, state, and local governments; and complaints of discrimination filed with administrative agencies. This report also summarizes research showing the negative impacts of discrimination against LGBT people in terms of health, wages, job opportunities, productivity in the workplace, and job satisfaction.

In sum, this research shows that widespread and continuing employment discrimination against LGBT people has been documented in scientific field studies, controlled experiments, academic journals, court cases, state and local administrative complaints, complaints to community-based organizations, and in newspapers, books, and other media. Federal, state, and local courts, legislative bodies, and administrative agencies and have acknowledged that LGBT people have faced widespread discrimination in employment. Research shows that discrimination against LGBT people has negative impact in terms of health, wages, job opportunities, productivity in the workplace, and job satisfaction.

Key Findings

LGBT people and their non-LGBT coworkers consistently report having experienced or witnessed discrimination based on sexual orientation or gender identity in the workplace.

  • As recently as 2008, the GSS, a national probability survey representative of the U.S. population, found that of LGB respondents, 27% had experienced at least one form of sexual orientation-based discrimination during the five years prior to the survey. More specifically, 27% had experienced workplace harassment and 7% had lost a job.
  • The GSS found that among LGB people who are open about their sexual orientation in the workplace, an even larger proportion, 38%, experienced at least one form of discrimination during the five years prior to the survey.
  • Not surprisingly, more than one-third of LGB respondents to the GSS reported that they were not out to anyone at work, and only 25% were out to all of their co-workers.
  • Consistent with the findings from the GSS, several other national probability surveys and local and national non-probability surveys of LGBT employees and their non-LGBT coworkers indicate widespread and persistent employment discrimination on the basis of sexual orientation and gender identity.

When surveyed separately, transgender respondents report even higher rates of employment discrimination and harassment than LGB people.

  • As recently as 2011, 78% of respondents to the largest survey of transgender people to date reported experiencing at least one form of harassment or mistreatment at work because of their gender identity; more specifically, 47% had been discriminated against in hiring, promotion, or job retention.
  • Consistently, 70% of transgender respondents to a 2009 California survey and 67% of transgender respondents to a 2010 Utah survey reported experiencing employment discrimination because of their gender identity.

Widespread and continuing employment discrimination against LGBT people has been documented in court cases, state and local administrative complaints, complaints to community-based organizations, academic journals, newspapers, books, and other media. Federal, state, and local administrative agencies and legislative bodies have acknowledged that LGBT people have faced widespread discrimination in employment.

Discrimination and fear of discrimination can have negative effects on LGBT employees in terms of wages, job opportunities, mental and physical health, productivity, and job satisfaction.

  • Studies consistently show that gay men earn significantly less than their heterosexual counterparts.
  • Census data analyses confirm that in nearly every state, men in same-sex couples earn less than men in heterosexual marriages.
  • Several studies show that large percentages of the transgender population are unemployed or have incomes far below the national average.
  • Other studies show that discrimination, fear of discrimination, and concealing one’s LGBT identity can negatively impact the well-being of LGBT employees, including their mental and physical health, productivity in the workplace, and job satisfaction.

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Documented Evidence of Employment Discrimination & Its Effects on LGBT People

More than 15 federal and state courts and a number of legal scholars have concluded that sexual orientation is not related to an individual’s ability to contribute to society or perform in the workplace. The Brad Sears, Nan Hunter, & Christy Mallory, Williams Inst., Documenting Discrimination on the Basis of Sexual Orientation & Gender Identity in State Employment 4-1 (2009) [hereinafter The Williams Inst., Documenting Discrimination]. Indeed, every court that has considered this criterion when determining whether sexual orientation is a suspect class has reached the same conclusion. Id, at 2. For example, in 2008, the Connecticut Supreme Court found that “the characteristic that defines the members of this group—attraction to persons of the same sex—bears no logical relationship to their ability to perform in society, either in familial relations or otherwise as productive citizens. Kerrigan v. Comm’r of Pub. Health, 957 A.2d 407, 432 (2008) (holding that the Connecticut Constitution protects the right of same-sex couples to marry). Similarly, in 2004, a justice on the Montana Supreme Court, found that “there is no evidence that gays and lesbians do not function as effectively in the workplace or that they contribute any less to society than do their heterosexual counterparts.” Snetsinger v. Mont. Univ. Sys., 325 Mont. 148, 162 (2004) (Nelson, J., concurring).

The Williams Inst., Documenting Discrimination, supra note 1.

M.V. Lee Badgett, Brad Sears, Holning Lau, & Deborah Ho, Bias in the Workplace: Consistent Evidence of Sexual Orientation and Gender Identity Discrimination 1998-2008, 84 Chi.-Kent L. Rev. 559 (2009).