Diversity Rules Magazine

Confron ng Homophobia in the Workplace While workplaces are adop ng more accommodat- ing a tudes towards the LGBTQ community, they need to do more. Some workers s ll face rampant discrimina on based on their sexual orienta on. You might also experience prejudice due to your as- socia on with colleagues with different sexual pref- erences. In addi on, you may undergo other forms of harassment based on gender, marital status, and disability. Examples of Discrimina on Based On Sexu- al Orienta on One example of workplace homophobia is the failure to hire or promote individuals because they're gay, even though they're qualified for the posi on. You might also start receiving excessive punishment and isola on immediately a er coming out. Although some companies s ll have blatantly homophobic policies, most of them are subtle. Workplace harassment is another type of sexual ori- enta on discrimina on. Examples include hateful comments about your sexual iden ty, inappropriate touching, pressure to give sexual favors, tasteless drawings, and sexual assault. All of these examples represent homophobia and are a serious breach of your human rights. Are There Federal Laws Against Homopho- bia In The Workplace? The Supreme Court ruling in Obergefell v. Hodges guaranteed same-sex couples the freedom and right to marry in every state. This decision drew from the Equal Protec on and Due Process clauses of the 14th Amendment. In doing so, it gave them the same pro- tec on as heterosexual couples. There's no specific federal law that protects employ- ees based on their sexual orienta on. Some states already have laws against sexual orienta on dis- crimina on in employment, housing, and provision of services. At the federal level, The Equality Act is a proposed law that's s ll in the senate. If passed, it will crimi- nalize discrimina on based on sex, gender iden ty, and sexual orienta on in various scenarios. Other than employment, they include public accommoda- on, jury service, credit, educa on, and federally funded programs. Other Types of Protec on against Work- place Homophobia Most federal employees enjoy protec on against discrimina on based on sexual orienta on, but what about private employees? The Equal Employment Opportunity Commission (EEOC) extends this protec- on to all employees who file claims. Some collec ve bargaining agreements by unions also include an - discrimina on clauses. If your union contract has these provisions, you may file a complaint if you experience harassment based on sexual orienta on. Encouragingly, over 90% of Fortune 500 corpora ons have an -homophobia policies, while more than 60% prohibit gender iden- ty discrimina on. In 2015, the EEOC sought to clear the air on whether Title VII of The Civil Rights Act covers an -LGBTQ discrimina on. The commission ruled by a 3-2 vote that the law does protect gay employees against workplace prejudice. This decision applies to both federal and private em- ployees who forward complaints to the EEOC. In 2014, the Jus ce Department also expressed simi- lar views concerning sexual orienta on discrimina- on. If you're facing these difficul es, please contact a qualified employment lawyer for a candid discus- sion about your legal op ons. Common Concerns about Workplace Ho- mophobia As a gay, bisexual, pansexual, or asexual employee, you might have some apprehension about various topics. They include: ● Harassment by same-sex individuals. The harass- er's gender doesn't ma er, so long as you feel their conduct is unwelcome. Workplace - Con't on page 18 Confronting Homophobia In the Workplace By HKM Marketing Diversity Rules Magazine | July 2021 | 9

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