I recently received a comment on a social media post about equality for LGBTQ workers that surprised me. It probably shouldn’t have – much confusion still exists in our culture about the realities facing LGBTQ populations. The commenter stated that they were confused as to the relevance of the post since, if the workers are American citizens, they already have all the same rights afforded to them as anyone else. Unfortunately, that’s simply not true, as it is still legal in 28 states to fire an employee for being gay, lesbian, bisexual, or transgender. You can also lose your housing or be refused service at a public place of business in most of those states due to your actual or perceived LGBTQ status.
As there is not yet any federal law that explicitly protects workers from adverse action based on their sexual orientation or gender identity we are left with EEOC rulings and guidelines that, as sexual orientation and gender identity are inextricable from sex, that the Civil Rights Act of 1964 protects these categories inherently. This puts employers in states where sexual orientation and gender identity are not protected by state law in an awkward position because, while they may have a right under state law to discriminate, federal agencies like the Department of Justice, Department of Education, and the Equal Employment Opportunity Commission will disagree.
So why should we here in Colorado, a state where under the Colorado Anti-Discrimination Act it is illegal to discriminate against employees for their sexual orientation or gender identity, care? The answer is because discrimination may be costing us all a lot more than we realize. An article published last week by Jeremy Quittner on Fortune.com noted that business owners, especially those doing business in states without discrimination laws protecting LGBTQ workers, are concerned. The article said that a recent employer survey showed that around 75% of business owners expect to see LGBTQ employee discrimination claims rise in the next year, up from only 31% who had the same concern in 2015.
As HR professionals, we understand that businesses are most competitive in the marketplace when they hire the most qualified candidates for a job without regard to non-relevant factors like gender or race. Discrimination, and even unconscious bias, can lead companies to restrict their hiring to smaller candidate pools. This can result in lower productivity and profits. Hostile work environments continue to contribute to lower productivity and higher turnover. An April 2007 study by The Level Playing Field Institute found that the total expense of employee turnover because of (all types) of workplace discrimination cost American businesses up to $64 billion annually. Inversely, a report released by the Williams Institute in April 2013 showed that the majority of the top fifty Fortune 500 companies report that pro-diversity policies increased their profitability!
So what about on a national or global economic scale? In December of last year, for the first time ever, the president of United Nations General Assembly addressed a U.N. forum on LGBTQ issues stating that member states are obliged to protect the human rights of LGBTQ people. The U.N. forum focused on a World Bank report by economist Dr. M. V. Lee Badgett quantifying the cost of workforce discrimination, increased health costs and anti-LGBT laws at up to 1% of a nation’s Gross Domestic Product. A conservative view of the estimate (0.5% of a nation’s GDP) applied globally could cost the global economy upward of $400 billion annually.
These are sobering numbers and ones we should try to impact by being aware of these issues, reviewing our company policies for workplace protections for LGBTQ workers, and by providing awareness training to managers and employees on LGBTQ discrimination and how prevent it. For help in your workplace surrounding LGBTQ sensitivity, contact RANGE Consulting at jhumphrey@lgbtqcolorado.org.