Why We Need To Pass The Equality Act
By: Aidan Healy
Tags: LGBT, LGBT Rights, Supreme Court, Professionalism, Equality Act

Throughout history, LGBT peoples have been some of the most marginalized and discriminated groups in the world. Even today, many LGBT peoples around the world do not have basic human rights, and live their lives in secrecy and fear of prosecution. At the same time, many countries have passed legislation to help members of the LGBT community, which has helped them to advance in the job market greatly. However, a culture of “professionalism” in the workplace holds LGBT members back from being their authentic selves at work in fear of persecution by their coworkers. Furthermore, lawmakers have advanced this secret-keeping culture in the American workplace in the past and present with rulings and laws that keep America’s LGBT workforce silent.

In the U.S. on Jun 15th of this year, the Supreme Court ruled that the Civil Rights Act of 1964 protects LGBT workers from discrimination and firings due to their sexual orientation. This ruling is a step for LGBT workers, but is not unprecedented by any means. Many other countries including Luxembourg, Australia, New Zealand and France have passed laws specifically protecting the rights of LGBT workers. Meanwhile, the U.S. government has merely specified the terms of a much earlier bill that was originally designed to help African-American workers. This speaks volumes about the culture surrounding LGBT issues in America. Many Americans and lawmakers do not feel as though it is necessary to pass laws specifically designed for homosexual workers. However, over 2/3 of LGBT Americans reported being discriminated against based on their sexual orientation. Although progress is being made for these workers, LGBT people do not have any federal legislation that is specifically designed to help them feel secure at the workplace and to be on equal standing with their heterosexual coworkers. For example, many LGBT groups would like the federal government to pass the Equality Act, which would officially amend the Civil Rights Act, Fair Housing Act, Equal Credit Opportunity Act, Jury Selection and Service Act, and several other laws to specifically include protection of same-sex couples from discrimination in healthcare and housing rights. This bill has passed in the House, but needs to be passed by Congress before it becomes law. Overall, Washington officials seem to be dancing around the problem of specificity in discrimination laws, and have so far only taken minimal steps towards equality in the workplace, such as the aforementioned pseudo-amending of the Civil Rights Act in a Supreme Court decision. The government needs to ensure that LGBT workers are specifically protected by the law in all aspects of their lives.

These vague lawmaking practices further uncertainty for LGBT workers, unsure if they can be themselves in the workplace, or if they still have to live their lives in partial secrecy. This is reflected in survey data regarding workplace culture surrounding sexual orientation. Almost half of all LGBT workers are closeted in the workplace, because they fear they may be treated differently by their coworkers or management on the basis of their sexual orientation. You could say this fear is unbased and that people in the US are accepting of LGBT peoples, but 59% of heterosexual employees say that it is “unprofessional” to discuss sexual orientation or gender identity in the workplace. In other words, LGBT peoples are allowed to work alongside their heterosexual coworkers, as long as their keep their sexual orientation a secret.

Since the beginning of time, this has been a common sentiment regarding LGBT people. In fact, this sentiment has even made it into US lawmaking practices. In 1993, President Bill Clinton signed a law that directed members of the military to “don’t ask, don’t tell, don’t pursue, and don’t harass.”, regarding LGBT members of the military. This law is a double-edged sword. Although, it protects LGBT members from being harassed, it silences them through fear of persecution. Exactly what will happen to members of the military if they happen to speak about their sexuality is not said in the law, which leaves it up to military officials to decide. Furthermore, if an LGBT military member speaks about their sexuality, are they still protected by the law, even though they have technically broken policy? Fortunately, this policy was ended in 2011 under the Obama administration. If we travel back further in time, we see many important members of the LGBT community punished for their sexual orientation in the workplace. Alan Turning, who intercepted and broke Nazi codes during WWII which helped lead allied forces to victory and paved the way for modern computing was punished and subsequently died because of his sexual orientation. In March of 1952, Alan was charged with gross indecency under Victorian rule in the UK, for admitting to having sexual relations with another man. He was chemically castrated using hormones, and later died due to poisoning. This story shows that even though an LGBT worker was considered to be a genius among his collogues and essentially secured a military victory for the morally right side of history, as soon as he spoke about his sexual orientation, he was persecuted, prosecuted and died a slow painful death.

In modern day America, these discriminatory laws are gone, but what still exists is the prevailing culture of professionalism in the workplace. Professionalism is defined as “the competence or skill expected of a professional.” by the Oxford dictionary, however in America, professionalism means dressing and acting in a way that is deemed professional. That may mean wearing a suit and tie or wearing your hair up, but it also includes hiding your marital status, sexuality, or cultural background in order to fit standards in the workplace. For a heterosexual worker these rules seem easy to follow, however for LGBT workers these rules are hurting them in the workplace and limit the jobs fields they can work in. LGBT people have long expressed themselves through clothing and personality. If professionalism exists, then LGBT people cannot exist comfortably in the workplace. They should not have to hide their rainbow ties and flamboyancy for fear that they will be deemed “unprofessional” by their management. (Again, if you don’t see the problem the aforementioned survey results show that 59% of people deem it unprofessional to talk about sexual orientation in the workplace.). Furthermore, we should be promoting unity and comradery in our workplaces since, nothing productive can occur without good communication and trust of our coworkers.

My proposition to the U.S. government is to pass the Equality Act in Congress. This act will specifically protect the LGBT workforce, not only from a culture of toxic professionalism, but also from other forms of discrimination. Examples include housing and healthcare discrimination, for which LGBT members are not protected under any federal law from. Without the Equality Act, the LGBT workforce will continue to walk on pins and needles, keeping their personal lives secret from their coworkers out of fear that they will be treated differently. By including LGBT people in lawmaking decisions, you include them culturally as well. This is because without specific laws in place designed to protect the rights of LGBT peoples, it’s up to workplace culture to decide how they should be treated, much like in 1993 when the “don’t ask, don’t tell” policy was made. The Equality Act will give LGBT workers the confidence and security that their management will treat them equally no matter their sexual orientation.

Work Cited:

Cowell, Alan. “Overlooked No More: Alan Turing, Condemned Code Breaker and Computer Visionary.” The New York Times, The New York Times, 5 June 2019, www.nytimes.com/2019/06/05/obituaries/alan-turing-overlooked.html.

“Don’t Ask, Don’t Tell.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 24 Sept. 2020, www.britannica.com/event/Dont-Ask-Dont-Tell.

“The Equality Act.” HRC, www.hrc.org/resources/the-equality-act.

“Lesbian, Gay, Bisexual, and Transgender Workplace Issues: Quick Take.” Catalyst, www.catalyst.org/research/lesbian-gay-bisexual-and-transgender-workplace-issues/.

Simpson, John A. The Oxford English Dictionary. Clarendon Press, 1991.

Tobia, Jacob. “Why I’m Genderqueer, Professional and Unafraid.” HuffPost, HuffPost, 7 Dec. 2017, www.huffpost.com/entry/genderqueer-professional-_b_5476239?guccounter=1.

Tom Haak. “30 Best Countries for LGBT Workers.” HR Trend Institute, 11 Sept. 2019, hrtrendinstitute.com/2018/07/03/30-best-countries-for-lgbt-workers/.