This document discusses discrimination based on sexual orientation and gender identity in the workplace. It provides an overview of LGBT rights and protections, including a history of the gay rights movement and the states that prohibit discrimination. It also examines issues like same-sex harassment, gender identity, employment benefits, and ways for employers to be inclusive of LGBT employees such as implementing non-discrimination policies.

1. Chapter 10
Sexual Orientation
and Gender Identity
Discrimination
©2019 McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without
the prior written consent of McGraw-Hill Education.

2. 10-2
©2019 McGraw-Hill Education.
Learning Objectives 1
• Discuss the history of the modern gay rights
movement.
• Name the states that include LGBT employees in their
antidiscrimination laws as well as Title VII’s position.
• Give the pros and cons of employers being inclusive
of LGBT employees.
• Discuss how some courts have circumvented the
exclusion of LGBT employees from Title VII coverage.

3. 10-3
©2019 McGraw-Hill Education.
Learning Objectives 2
• Identify whether same-gender sexual harassment is
covered by Title VII.
• Discuss the workplace issues involving transgenders.
• Identify some of the employment benefits issues for
LGBT employees.
• List some ways that employers can address LGBT
issues in the workplace.

4. 10-4
©2019 McGraw-Hill Education.
Introduction 1
Sexual orientation: Whom one is attracted to for
personal and intimate relationships.
Gender identity: How one identifies for male/female
purposes.
• Based on a combination of genetics and environment,
including transgender.
Sexual orientation pushes a lot of buttons in society
and the workplace.
• It is an issue all across the world.
• Vast implications for people’s everyday lives.

5. 10-5
©2019 McGraw-Hill Education.
Introduction 2
Personal beliefs should not affect workplace behavior.
• May lead to employer liability.
Equal Employment Opportunity Commission (EEOC)
now accepts complaints of gender identity
discrimination as a type of gender discrimination.
• Accepts claims of discrimination against gay, lesbian, or
bisexual employees as a type of gender discrimination.

6. 10-6
©2019 McGraw-Hill Education.
Out of the Closet 1
35 percent of LGBT employees had to hide their sexual
orientation or gender identity at work.
The resistance at Stonewall Inn in 1969.
• Public riots protested the police raid at the gay bar.
• Gay Pride Month celebrations have taken place every June
since the incident.
Employment Nondiscrimination Act (ENDA).
• Proposed but has yet to pass.
• Extends Title VII’s reach to include discrimination on the basis
of sexual orientation or gender identity.

7. 10-7
©2019 McGraw-Hill Education.
Out of the Closet 2
Affinity groups – LGBT employee support groups.
Multiple corporations support of gay and lesbian
employees through:
• Gay Pride events.
• Domestic partnership benefits.
National Coming Out Day is celebrated on October 11.

8. 10-8
©2019 McGraw-Hill Education.
Out of the Closet 3
• Every state in the union has some form of job
discrimination protection for LGBT employees.
• Based on the vast collection of laws, ordinances, and
employer policies, giving careful thought to policy
and actions involving LGBT employees is critical.

9. 10-9
©2019 McGraw-Hill Education.
Governments that Prohibit Discrimination on Basis of
Sexual Orientation or Gender Identity
California
Colorado
Connecticut
Delaware
Hawaii
Illinois
Iowa
Maine
Maryland
Massachusetts
Minnesota
New Hampshire
New Jersey
New Mexico
New York
Nevada
Oregon
Rhode Island
Vermont
Washington
Wisconsin
Washington, D.C.
Hundreds of Cities

10. 10-10
©2019 McGraw-Hill Education.
Historical Issues 1
• The impact of AIDS in society and in the workplace.
• The military’s “don’t ask, don’t tell” policy.
• President Bill Clinton voices support for gays (1992).
• The 1993 March on Washington for Lesbians, Gays, and
Bisexuals.

11. 10-11
©2019 McGraw-Hill Education.
Historical Issues 2
• Clinton’s support for the Employment Nondiscrimination Act
[ENDA].
• Clinton’s appointment of over 150 gays and lesbians in his
administration.
• Striking down Colorado’s attempted constitutional ban on
protection for gays and lesbians.
• U.S. Supreme Court issued its Obergefell decision upholding
same-sex marriage in 2015.

12. 10-12
©2019 McGraw-Hill Education.
Sexual Orientation as a Basis for Adverse
Employment Decisions
EEOC announced that Title VII’s gender category
included discrimination on the basis of sexual
orientation in 2015.
Employer should not tolerate from any employee
inappropriate workplace behavior.
• Make the distinction between orientation as LGBT and activity
that may be inappropriate.
Employee may fit into more than one category.
• Liability will ensue if one or more of the categories are
protected under Title VII.

13. 10-13
©2019 McGraw-Hill Education.
Same-Gender Sexual Harassment
Important legal question: Can an employee sexually
harassed by someone of the same gender bring an
action under Title VII?
• Case: Oncalev. Sundowner Offshore Services, Inc.
Basis for the sexual harassment by someone of the
same gender prohibits discrimination unless it was
actually based on sexual orientation.
• Scenario 3.
• Case: Nichols v. Azteca Restaurant Enterprises, Inc.

14. 10-14
©2019 McGraw-Hill Education.
Gender Identity Discrimination 1
Definition according to the Human Rights Campaign.
• Transgender encompasses cross-dressers, intersexed people,
transsexuals, and people who live substantial portions of their
lives as other than their birth gender.
Gender dysphoria.
• Medical condition recognized by the American Medical
Association.
• Condition of feeling like one’s mind is one gender and body is
the opposite.

15. 10-15
©2019 McGraw-Hill Education.
Gender Identity Discrimination 2
Gender identity was traditionally not a protected
category under Title VII for individuals who had gender
reassignment surgery.
Scenario 2.
• Case: Ulane v. Eastern Airlines Inc.
Example of how an employer can best provide protection against
liability for discrimination.
• Case: Jane Doe v. Boeing Company.

16. 10-16
©2019 McGraw-Hill Education.
Employment Benefits
Benefits that other employees take for granted are
major hurdles for the LGBT community.
Growing number of states allow same-sex marriages
per statute or court ruling.
• Spousal benefits are available for LGB employees.

17. 10-17
©2019 McGraw-Hill Education.
Workplace LGBT Employees
Non-discrimination policies.
• Primary concern for LGBT employees who do not have state or
local civil rights ordinances protecting them.
Leave and insurance coverage for gender reassignment
surgery.
• Employers have begun to recognize this and have modified
their insurance coverage and leave policies.

18. 10-18
©2019 McGraw-Hill Education.
Management Considerations
• On the issue of sexual orientation and gender identity
employers can be perceived as having more flexibility
in making workplace policies and decisions.
• LGBT employee issues should be dealt with as a
legitimate workplace issue rather than one that arose
solely because of the employee’s sexual orientation
or gender identity.

19. 10-19
©2019 McGraw-Hill Education.
Management Tips 1
• Hire using only relevant, work-related criteria.
• Keep inquiries about applicants’ personal lives
minimal and relevant.
• Have a policy ensuring all employees respect in the
workplace.
• Policy should protect everyone from unsolicited
negative statements about immutable and other
characteristics.
• Take prompt action whenever there are complaints of
violations of the policy.

20. 10-20
©2019 McGraw-Hill Education.
Management Tips 2
Decide what position to take on sexual orientation and
gender identity.
Be aware of the potential impact on LGBT employees of
workplace policies.
• Issues like bereavement leave, benefits, bringing significant
others to office functions, accepting personal calls during work
hours, and displaying personal items at work.
Ensure that policies inclusive of LGBT employees are
fair and evenly handled.