Lesbian, gay, bisexual and transgender (LGBT) employees continue to struggle for equal rights in the workplace, even though hundreds of companies nationwide have instituted tolerance training and non-discrimination policies.

Recent studies by The Williams Institute on Sexual Orientation Law and Public Policy indicate that as many as 43 percent of lesbian, gay and bisexual workers have experienced workplace harassment or discrimination due to their sexual orientation. Further, 90 percent of transgender employees have reported workplace abuse due to their gender identity, according to the National Center for Transgender Equality and the national Gay and Lesbian Task Force.

Sexual orientation-based discrimination, including lost jobs and missed opportunities for advancement, creates legitimate concerns for affected members of the LGBT community. From identity and self-esteem issues to safety and financial stability, employment discrimination forces victims to grapple with personal, socioeconomic and legal challenges.

The Civil Rights Act Does Not Go Far Enough

While Title VII of the Civil Rights Act of 1964 does offer some protection for LGBT workers, this federal law does not consistently guard gay and transgendered individuals against employment discrimination. Protections under state law are just as inconsistent. In fact, in more than half of all states it remains legal to discriminate based on sexual orientation, gender identity or expression.

Employment Non-Discrimination Act Offers LGBT Protections

First introduced in 1994, the Employment Non-Discrimination Act (ENDA) is a clear, defined policy prohibiting discrimination in the workplace. It adds "gender identity or expression" and "sexual orientation" to already federally protected classes, which include:

  • Age
  • Sex
  • Race
  • Religion
  • National origin
  • Disability

Due to the current lack of specific laws protecting the legal rights of LGBT employees, passing the ENDA may be a necessary step in ensuring the protections that LGBT employees deserve. For nearly every year since 1994, a revised version has been brought before the House and the Senate, though none of these versions have been passed. Most recently, Representatives Barney Frank (D-MA) and Ileana Ros-Lehtinen (D-FL) and Senators Jeff Merkley (D-OR) and Mark Kirk (R-IL) introduced ENDA in April 2011 to both chambers of the 112th Congress. The legislation is currently awaiting further action in Congress.

If you have faced or are facing discrimination in the workplace due to your identity as a lesbian, gay, bisexual or transgendered employee, please contact an experienced employment law attorney to discuss your options.