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Diversity Issue in the Workplace
Phillip Woodard
University of Phoenix

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Diversity in Sexual Orientation
(Kosanovich, 2002) states, “According to a recent Gallup poll, more than 80% of Americans
believe that gays and lesbians should have equal rights in the workplace.” No diversity issue has
sparked as much attention or is in the limelight more today than identification of individuals
based upon their sexual orientation (SO). Many companies have anti-discrimination policies that
deal with race, gender, religion, or ethnic background. Following the paths of the civil rights
struggles for Blacks and women, the changing of opinion in America hinges on a universal
acceptance of sexual orientation as an inherent trait: much like the color of your skin or the
gender you identify with. What‟s at stake is the future of a truly diverse society, one where all
people can share the same inalienable rights and freedoms without regard to their propensity to
engage in same sex relationships or not. This paper will discuss this issue in the modern
workplace and the measures explored to assist companies, governments, and religious
organizations to come to grips with the “last bastion of human difference.” Governments set laws
and policy for the fair treatment of individuals, and therefore should set precedent in hiring
practices and educational opportunities for all citizens. As with all former struggles for civil
rights in America, battle were fought in the battlefields of our court systems at the state and
national levels.

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Legal Concerns
[States with anti-discrimination protection for gays and lesbians in the workplace typically
utilize the framework developed under Title VII in analyzing claims for sexual orientation
discrimination and harassment. See, e.g., Murray v. Oceanside Unified Sch. Dist., 79 Cal. App.
4th 1338, 1356, 95 Cal. Rptr. 2d 28 (2000) (analyzing claim for harassment based on sexual
orientation under Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986)). In Price Waterhouse v.
Hopkins, 490 U.S. 228, 250-51 (1989), a plurality of the Supreme Court stated that a claim for
gender discrimination under Title VII may lie where the employer bases its employment
decisions on gender stereotyping, such as a belief that a woman cannot be, or must not be,
aggressive. The plaintiff in Price Waterhouse presented evidence that she was denied partnership
based, at least in part, on her employer‟s belief she was too aggressive for a woman. The
employer told the plaintiff she needed to “walk more femininely, talk more femininely, dress
more femininely, wear make-up, have her hair styled, and wear jewelry.” 490 U.S. at 235. The
Supreme Court held that the employer‟s decision to deny the plaintiff partnership based on her
failure to conform to female stereotypes was actionable under Title VII as sex discrimination]
(Kosanovich, 2002). Within the Armed Forces the policy of “Don‟t ask, don‟t tell” is both in my
opinion hypocritical and outright unfair to thousands of Service Members currently serving
proudly and admirably all over the world in harm‟s way; the major difference is that they are not
free to live their private lives the way most heterosexuals take for granted. There is clearly a
double standard when I counsel an employee about keeping a lid on their display of affection

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towards someone they feel naturally attracted too. What lesson on integrity am I teaching
someone who clearly is living a lie just to maintain their employment, hiding “in the closet” until
either they break from the pressure, or are caught in a compromising situation deemed „illegal‟
by the establishment. Homosexual behavior is not a novel or strange lifestyle, just different from
the majority of the population. America did not fall into moral decay when women and Blacks
were accepted as equals and protected under civil rights legislation in the highest courts of the
land. We are a better nation because of our acceptance and protection of our “different” brothers
and sisters; our fellow American citizens. We are once again at the precipice of another unequal
struggle for a minority group based upon a trait recent science has proven is inherent and beyond
their control.
The federal government has done a much better job in fostering an atmosphere of mutual
respect and acceptance as it pertains to sexual orientation. Religion is more offensive in its views
and divisive by spreading hate towards those who are homosexual and does more harm than
good in helping our country move forward in removing the discriminating attitude towards good
law-abiding citizens. There are many challenges locally and nationally ensuring equal
protections under the law, as in the workplace in many facets of society. All citizens must look
within themselves and ask an honest question whether it (discrimination) is right based on a
person‟s sexual orientation.

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Sexual Orientation Issues in the Workplace
Recent changes to the definition of sexual harassment in the workplace, has changed to
include same sex harassment. [Almost ten years after Price Waterhouse, and following years of
conflicting lower court opinions on the subject, the Supreme Court unanimously concluded in
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998), that Title VII‟s prohibition
against harassment in the workplace applies to same-sex harassment. The key is whether the
harassment occurred because of the victim‟s sex. 523 U.S. at 80-81] (Kosanovich, 2002). A
person‟s gender should not disqualify them from claiming sexual harassment from someone of
the same sex. Attitudes may be changed through education and diversity training on the
background, history, and physiological aspects of homosexuality. Just as the nation handled and
eventually tore down the walls of discrimination towards women and Blacks, so too must the
same efforts and passion apply with our sexually different members of society.
Conclusion
“A clinical psychologist testified sexual orientation is not as defined and stable as race and
gender and can change over time. He acknowledged, however, it is difficult to change a person’s
sexual orientation, and efforts to do so can be harmful to the person” (Supreme Court of Iowa,
2009). I would also argue the appearance of race, gender can also change over time through
medical intervention, and these efforts can actually be beneficial to the person. What leg does the
former argument have to stand on in light of the realities of human life and endeavor in our

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diverse planet today? With proper enculturation at the right intervals in life, people can learn to
accept differences in others with regard to their own identity and where they fit into the melting
pot of American society within the workplace. Management at all levels is challenged to take an
active approach in education and training of all employees to foster understanding and
acceptance of all employees despite differences.

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References
Kosanovich, W. (2002). Sexual Orientation Discrimination: Developing Legal Trends. Retrieved
from http://www.bnabooks.com/ababna/eeo/2002/kosanovich.doc
Supreme Court of Iowa. (2009). New York Times. Retrieved from
http://graphics8.nytimes.com/packages/pdf/us/20090403iowa-text.pdf