LGBTQ+ Inclusivity in the Workplace

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Almost one in four individuals from Generation Z in the United States identifies as lesbian, gay, bisexual, or transgender.[1]?An estimated 8.1 million LGBTQ+ workers age 16 and older live in the United States. About half of these workers—4.1 million people—live in states without statutory protections against sexual orientation and gender identity discrimination in employment. This includes approximately 3.5 million LGB workers and almost 600,000 transgender workers.[2]

With 19.7 percent of Generation Z identify as a member of the LGBTQ+ community,[3] it is imperative that organizations not only better enable their LGBTQ+ employees to succeed, but protect them from the effects of systematic bias, oppression, and hate. More than one-third of LGBTQ+ employees have left a job due to treatment by their employer.[4] More than one-third of LGBTQ+ employees said that they have looked for other jobs because of how they were personally treated by their employer based on their LGBT status and/or because the workplace environment was uncomfortable for LGBTQ+ people in general.[5]

?Despite advances to protect the equality of LGBTQ+ people, research shows that violence, mistreatment, and discrimination remain persistent and pervasive. While same-sex marriages have become more accepted in American society, there has been evolving stigma against LGBTQ+ people—for example, the recent resurgence of accusations that LGBTQ+ people are “groomers” who aim to corrupt young children;[6] passage of laws prohibiting discussion of LGBTQ+ families in schools;[7] and introduction of hundreds of laws over the last several years targeting LGBTQ+ youth,[8] as well as those targeting drag performances, complemented by the rise in protests and violence.[9] These are not new ideas or campaigns, but old prejudicial stereotypes once again emerging.[10]

?In June of 2022, nearly one-third of adult respondents in the United States indicated their support for overturning Obergefell,[11] which upholds the legality of same-sex marriage.[12] Also in June of 2022, nearly one-quarter of adult respondents in the United States expressed a desire to overturn Lawrence,[13] which safeguards privacy rights, including the rights to same-sex sexual activities, particularly among men.[14] In an April 2022 survey, more than half of adult respondents expressed opposition to the inclusion of teaching or discussions related to the LGBTQ+ civil rights movement within kindergarten to 12th-grade educational curriculums.[15] ?

In comparison to other surveyed countries, including Germany, the UK, and France, the United States exhibits the highest incidence of workplace discrimination based on sexual orientation.[16] 44 percent of LGBTQ+ respondents who have disclosed their sexual orientation to at least some of their colleagues perceive that they have been overlooked for promotional opportunities or have not been assigned certain tasks, attributing this to their openness about their sexual orientation in the workplace.[17] 40 percent of LGBTQ+ respondents harbor concerns that their employers may not take their concerns seriously related to non-inclusive behavior. As a result of this apprehension, they refrain from reporting incidents of non-inclusive behavior in the workplace.

Over half of LGBTQ+ employees who experienced discrimination or harassment at work reported that their employer or co-workers did or said something to indicate that the unfair treatment was motivated by religious beliefs. For many, this included being quoted to from the Bible, told to pray that they weren’t LGBTQ+, and told that they would “go to hell” or were “an abomination.”[18] LGBTQ+ employees of color report engaging in covering behaviors – behaviors to conceal their gender identity or sexual orientation – at work to avoid sexual discrimination or harassment at work at least as often as white LGBTQ+ employees. LGBTQ+ employees of color were significantly more likely to say that they had, at some point, changed their physical appearance (28.8 percent compared to 20 percent) or changed their voice or mannerisms (31 percent compared to 20.7 percent) at their current jobs than white LGBTQ+ employees.[19] Two-thirds of gay and lesbian employees report being an “only” in the workplace.[20] Nearly one-third of surveyed LGBTQ+ employees reported experiencing a microaggression, such as being interrupted or talked over, at the workplace.[21]

A 2022 survey found that 28 percent of LGBTQI+ adults experienced discrimination in public spaces, 23 percent in the workplace, and 19 percent at school.[23] LGBTQ+ men have lower representation in the workplace compared to their presence in the population, with about 4 percent identifying as LGBTQ+ but only around 3 percent in entry-level and managerial positions.[24] Over half of US states lack comprehensive workplace discrimination protections for LGBTQ+ individuals.[25] 71 percent of LGBTQ+ youth experienced discrimination due to their sexual orientation or gender identity.[26]

Fear of being treated differently and discrimination is preventing people from being out at work—and just over a quarter cite concern for their personal safety as a reason not to be out about their gender identity.[31] Gay males are 3.83 times more likely to be targeted in hate crimes compared to lesbians.[32] The numbers for transgender folks are even more troubling.

Bringing awareness to these types of statistics is extremely important, in particularly on a day of visibility.

It is not easy to be out in the workplace. It presents a set of challenges that can be hurtful, difficult, and unwanted. I commend the folks who strive to build a more inclusive environment and are willing to take those risks to be who they are, even when knowing the risk.

Disclaimer: The views and opinions expressed in this article are solely my own and do not necessarily reflect the views or positions of Google/Alphabet or any of its subsidiaries or affiliates. This content is provided for informational purposes only and is not intended to represent Google's official stance on any matter.

[1] See Gallup, Share of respondents who identified as lesbian, gay, bisexual or transgender in the United States from 2012 to 2022, by generation, Statista, https://www.statista.com/statistics/719685/american-adults-who-identify-as-homosexual-bisexual-transgender-by-generation (last visited December 18, 2023); See also generally Brad Sears, Christy Mallory, Andrew R. Flores & Kerith J. Conron, LGBT People’s Experiences of Workplace Discrimination and Harassment (Sept. 2021), Williams Institute, UCLA, at 1, available at https://williamsinstitute.law.ucla.edu/wp-content/uploads/Workplace-Discrimination-Sep-2021.pdf .

[2] See Kerith J. Conron & Shoshana K. Goldberg, LGBT Protections from Discrimination: Employment and Public Accommodations (Supp. 2019), Williams Institute, UCLA, at 1, available at https://williamsinstitute.law.ucla.edu/wp-content/uploads/LGBT-ND-Statutes-Empl-PA-Jun-2019.pdf (These estimates are conservative in that state statutes also protect younger LGBT children; however, due to limited knowledge about the size of these groups in the population, the publisher could not include them in their calculations).

[3] See Gallup, Share of respondents who identified as lesbian, gay, bisexual or transgender in the United States from 2012 to 2022, by generation Statista, https://www.statista.com/statistics/719685/american-adults-who-identify-as-homosexual-bisexual-transgender-by-generation/ (last visited January 06, 2024)

[4] See Brad Sears, Christy Mallory, Andrew R. Flores & Kerith J. Conron, LGBT People’s Experiences of Workplace Discrimination and Harassment (Sept. 2021), Williams Institute, UCLA, at 4, available at https://williamsinstitute.law.ucla.edu/wp-content/uploads/Workplace-Discrimination-Sep-2021.pdf ; See also generally Deloitte Touche Tohmatsu Limited, LGBT+ Inclusion @ Work, at 20 (2023), https://www.deloitte.com/content/dam/assets-shared/docs/deloitte-global-2023-lgbt-inclusion-at-work.pdf .

[5] See Brad Sears, Christy Mallory, Andrew R. Flores & Kerith J. Conron, LGBT People’s Experiences of Workplace Discrimination and Harassment (Sept. 2021), Williams Institute, UCLA, at 24, available at https://williamsinstitute.law.ucla.edu/wp-content/uploads/Workplace-Discrimination-Sep-2021.pdf ; See also generally Deloitte Touche Tohmatsu Limited, LGBT+ Inclusion @ Work, at 20 (2023), https://www.deloitte.com/content/dam/assets-shared/docs/deloitte-global-2023-lgbt-inclusion-at-work.pdf .

[6] Laviete M. (2022, April 12) ‘Groomer,’ ‘pro-pedophile’: Old tropes find new life in anti-LGBTQ movement. NBC News. https://www.nbcnews.com/nbc-out/out-politics-and-policy/groomer-pedophile-old-tropes-find-new-life-antilgbtq-movement-rcna23931 ; Block, M. (2022, May 11). Accusations of ‘grooming’ are the latest political attack — with homophobic origins. NPR. https://www.npr.org/2022/05/11/1096623939/accusations-grooming-politicalattack-homophobic-origins .

[7] See e.g. H.B. 1557, 2022 Sess. (Fla. 2022), https://www.flsenate.gov/Session/Bill/2022/1557/?Tab=BillText .

[8] Astor, M, (2022, December 10). Transgender Americans feel under siege as vitriol rises. N.Y. Times. https://www.nytimes.com/2022/12/10/us/politics/anti-transgender-lgbtq-threats-attacks.html ; Kindy, K (2022, March 25). GOP lawmakers push historic wave of bills targeting LGBTQ teens, children, and their families. Washington Post. https://www.washingtonpost.com/politics/2022/03/25/lgbtq-rights-gop-bills-dont-say-gay .

[9] O’Hara, M.E. (2022, November 22). GLAAD report: Drag events faced at least 124 protests and significant threats in 2022. GLAAD. https://www.glaad.org/blog/glaad-report-drag-events-faced-least-124-protests-andsignificant-threats-2022 .

[10] Herek, G.M. (2004). Beyond “Homophobia”: Thinking about sexual prejudice and stigma in the 21st century. Sexuality Research and Social Policy 1, 6–24 (2004). https://doi.org/10.1525/srsp.2004.1.2.6 .; Lombardi, E.L., et al., (2008). Transgender experiences with violence and discrimination. Journal of Homosexuality. 42:1, 89- 101, https://doi.10.1300/J082v42n01_05 .

[11] Obergefell v. Hodges, 576 U.S. 644, 135 S. Ct. 2584 (2015).

[12] See YouGov, Would you like to see the Supreme Court overturn its Obergefell v. Hodges decision that protects same-sex marriage?, Statista, https://www.statista.com/statistics/1317789/support-for-overturning-same-sex-marriage-us (last visited December 17, 2023).

[13] Lawrence v. Texas, 539 U.S. 558, 123 S. Ct. 2472 (2003).

[14] See YouGov, Would you like to see the Supreme Court overturn its Lawrence v. Texas decision that protects the right to same-sex sexual activity?, Statista, https://www.statista.com/statistics/1317820/support-overturning-lawrence-texas-us (last visited December 17, 2023).

[15] See Morning Consult, Support or opposition to the LGBTQ civil rights movement being taught or discussed in K-12 schools in the United States in 2022, by political party, Statista, https://www.statista.com/statistics/1310847/support-lgbtq-civil-rights-schools-us (last visited December 17, 2023).

[16] See Niall McCarthy, How Common Is Workplace Discrimination? (Statista Inc.) (2019), https://www.statista.com/chart/19761/discrimination-experienced-by-respondents-in-the-workplace (last visited December 21, 2023).

[17] See id.

[18] Id. at 14.

[19] See id. at 23.

[20] Raelyn Jacobson Monne Williams, Jackie Wong, and Active Allyship: Do Your LGBTQ+ Employees Feel Supported and Included?, McKinsey & Company, June 29, 2022, available at https://www.mckinsey.com/featured-insights/diversity-and-inclusion/active-allyship-do-your-lgbtq-plus-employees-feel-supported-and-included .

[21] Id.

[22] See Niall McCarthy, How Common Is Workplace Discrimination? (Statista Inc.) (2019), https://www.statista.com/chart/19761/discrimination-experienced-by-respondents-in-the-workplace (last visited December 21, 2023).

[23] See Caroline Medina & Lindsay Mahowald, Discrimination and Barriers to Well-Being: The State of the LGBTQI+ Community in 2022, AM. PROGRESS (2022).

[24] See Diana Ellsworth, Ana Mendy & Gavin Sullivan, How the LGBTQ+ Community Fares in the Workplace, McKinsey & Company (June 23, 2020), https://www.mckinsey.com/featured-insights/diversity-and-inclusion/how-the-lgbtq-plus-community-fares-in-the-workplace .

[25] See Where LGBTQ+ People Are Protected in the Workplace (Statista Inc.) (2019), https://www.statista.com/chart/17454/lgbtq-employment-rights/ (last visited December 21, 2023)

[26] See Willem Roper, Continued Discrimination for LGBTQ Youth (Statista Inc.) (2020), https://www.statista.com/chart/21975/discrimination-against-lgbtq-youth (last visited December 21, 2023).

[27] See Caroline Medina & Lindsay Mahowald, Discrimination and Barriers to Well-Being: The State of the LGBTQI+ Community in 2022, AM. PROGRESS (2022).

[28] See Diana Ellsworth, Ana Mendy & Gavin Sullivan, How the LGBTQ+ Community Fares in the Workplace, McKinsey & Company (June 23, 2020), https://www.mckinsey.com/featured-insights/diversity-and-inclusion/how-the-lgbtq-plus-community-fares-in-the-workplace .

[29] See Where LGBTQ+ People Are Protected in the Workplace (Statista Inc.) (2019), https://www.statista.com/chart/17454/lgbtq-employment-rights/ (last visited December 21, 2023)

[30] See Willem Roper, Continued Discrimination for LGBTQ Youth (Statista Inc.) (2020), https://www.statista.com/chart/21975/discrimination-against-lgbtq-youth (last visited December 21, 2023).

[31] Deloitte Touche Tohmatsu Limited, LGBT+ Inclusion @ Work, at 15 (2023), [PDF] available at https://www.deloitte.com/content/dam/assets-shared/docs/deloitte-global-2023-lgbt-inclusion-at-work.pdf .

[32] See Federal Bureau of Investigation (FBI), Number of victims of gender or sexual orientation related hate crime in the United States in 2021, by motivation, Statista, https://www.statista.com/statistics/737819/number-of-gender-or-sexual-orientation-related-hate-crime-victims-in-the-us-by-motivation/ (last visited December 17, 2023).