Rate this article:
Average rating:
Total votes: 0
Propelled by legislation as well as the understanding that treating employees equally makes good business sense, corporate America is becoming more open to gay, lesbian, bisexual and transgender workers.
Consider these victories: Two women terminated from a Massachusetts-based company for being lesbians won a lawsuit claiming the state's antidiscrimination law applies to them -- even though they live elsewhere. And in Connecticut, antidiscrimination provisions based on sexual orientation helped a group of teachers and school administrators obtain domestic-partner insurance benefits.
More Industries Become Gay-Friendly
Daryl Herrschaft, director of the Human Rights Campaign's (HRC) Workplace Project, describes "a race to the top" as companies seek recognition for their diversity policies and treatment of gay/lesbian employees. "The workplace is the crucible for broader social change," which is occurring at "amazing speed" across myriad industries.
The HRC has rated companies on their treatment of gay/lesbian employees since 2002. In its first survey, 13 companies, representing 690,000 workers, scored 100 percent. Best Places to Work," based on the HRC survey and released in January 2006, showed 101 companies at 100 percent. Those firms employed more than 5.6 million people.
In 2005, Raytheon became the first aerospace company and BP and Chevron the first oil and gas companies to score 100 percent. Herrschaft says a shrinking number of industries are unrepresented on the HRC list, though not a single engineering and construction firm scored 100 percent.
The HRC will "raise the bar" this year by adding elements to the rating system, Herrschaft says. Domestic-partner health benefits will still be included; additions will be all other domestic-partner benefits, such as bereavement leave, family medical leave and COBRA.
Herrschaft cautions that only half of all Fortune 500 companies offer domestic-partner benefits. While he calls this "a dramatic improvement" over the turn of the century, "there is still plenty of work to be done."
Public Policy Creates New Challenges for Gays/Lesbians and Employers
Public policy and cultural debates on topics like same-sex marriage affect the workplace in many ways. "On a simple level, water-cooler discussions are important," Herrschaft says. "In some workplaces, the result may be inappropriate jokes, but at the same time, awareness of the issue is being raised."
Sixteen states now outlaw discrimination based on sexual orientation. Six states also consider gender identity a protected class. And hundreds of other counties, cities and municipalities have passed similar nondiscrimination laws.
As the policy landscape shifts, both employers and gay/lesbian employees must regain their balance. "Nowadays, instead of employees making career decisions based on which office is best or what's best for the company, they face decisions involving different legal relationships in different states," Herrschaft says. "Moving from Massachusetts to Alabama is no longer a business decision; there are also decisions about losing a legal relationship with a partner in order to keep a job. So there is a stake for businesses, whether they acknowledge it or not."
Corporate America: Poised for More Change
"Over the last couple of years, it's become easier for companies to make business sense out of including LGBT employees in their benefits and marketing decisions," Herrschaft says. "The amount of information they have about those employees is richer than ever. Valid studies about the lives of gays and lesbians in the workplace have created a compelling case for companies to move forward with workplace policies, which in turn drives even more progress."
Carrie Evans, state legislative director for HRC, says it's difficult to assess how the laws are working in the 16 states that include sexual orientation in nondiscrimination statutes.
"The (low) number of complaints filed might not be the best indicator of change; employers may be changing their policies and attitudes quickly because of the law," she says. "But what we've seen from people who have used the complaint process in states that have these laws is that employers realize they have to remedy problems. Employees and employers now know that discrimination may exist, but that they've got tools to stop it."