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A recent study from the Williams Institute at UCLA School of Law reveals that workplace discrimination against LGBTQ+ employees continues to be an issue, even after the Supreme Court’s 2020 ruling against anti-LGBTQ+ discrimination. The report indicates that coming out at work can still lead to unfair treatment and harassment.

Part of the report’s executive summary reads:

Over 8 million workers in the U.S. identify as LGBT. Employment discrimination and harassment based on sexual orientation and gender identity have been widely documented. Recent research has found that LGBTQ people continue to face mistreatment in the workplace, even after the U.S. Supreme Court held in 2020 that discrimination based on sexual orientation and gender identity is prohibited by Title VII of the Civil Rights Act of 1964.  Experiences of workplace discrimination and harassment negatively impact employees’ health and well-being, as well as their job commitment, satisfaction, and productivity. These primary effects can, in turn, result in higher costs and other negative outcomes for employers.

The Supreme Court’s decision in Bostock v. Clayton County was a landmark case that extended Title VII protections to LGBTQ+ employees. However, the new study shows that these legal protections have not fully eradicated workplace discrimination. According to the study, discrimination can have severe consequences. “Experiences of workplace discrimination and harassment negatively impact employees’ health and well-being, as well as their job commitment, satisfaction, and productivity,” the study notes. This not only affects the individuals targeted but also results in negative outcomes for employers.

Based on a survey of 1,902 employed LGBTQ+ adults conducted in the summer of 2023, the study found that “almost half (47%) of LGBTQ employees reported experiencing discrimination or harassment at work (including being fired, not hired, not promoted, or being verbally, physically, or sexually harassed) because of their sexual orientation or gender identity during their lifetime.” Notably, transgender and nonbinary individuals, as well as people of color, reported significantly higher rates of discrimination and harassment than their cisgender and white counterparts.

The fear of discrimination leads many LGBTQ+ employees to remain closeted at work. Nearly half of the survey respondents reported not being out to their current supervisor, and one-fifth were not out to any coworkers. The data also showed that “LGBTQ employees who were out to at least a few coworkers and/or their supervisor were three times more likely to report experiencing discrimination (39% vs. 12%) and more than twice as likely to report harassment (42% vs. 17%) than those who were not out to anyone at work.”

Given these findings, it is clear that coming out at work can increase the likelihood of facing discrimination or harassment. A significant portion of LGBTQ+ employees—one-third—reported leaving a job due to anti-LGBTQ+ actions by employers.

The Williams Institute study emphasizes the need for stronger workplace protections. “Discrimination and harassment negatively impact both employees and employers,” said Brad Sears, the report’s lead author. “More robust protections, including monitoring and enforcement, are needed to ensure that LGBTQ people, particularly trans and nonbinary people and LGBTQ people of color, are fully protected from discrimination and harassment in the workplace.”

In conclusion, these findings suggest that, despite legal progress, much work remains to create truly inclusive and equitable work environments for all LGBTQ+ individuals. Read the study in full here.

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