How employers can prevent sexual orientation discrimination

As workplace diversity increases, employers must educate and protect their employees from workplace sexual orientation discrimination. By doing so, employers can also shield themselves from liability from legal action that arises from sexual orientation discrimination.

Oddly enough, there is no federal law that prohibits sexual orientation discrimination in private employment, but federal Executive Order 13087 specifically outlaws discrimination based on sexual orientation in the federal government. Nonetheless, though sexual orientation discrimination is not currently covered under any of the federal employee protection acts, private employers conducting business in a state, county, or city with a law or ordinance prohibiting sexual orientation discrimination must follow that law despite the fact that there is no federal law in place.

Just 17 states and the District of Columbia currently have laws that currently prohibit sexual orientation discrimination in private employment, but more than 180 cities and counties nationwide prohibit sexual orientation discrimination in at least some workplaces. As awareness and workplace diversity increase, more cities, counties, and states are sure to enact laws prohibiting sexual orientation discrimination in the workplace.

Regardless of where the law exists, it just makes business sense to make sure that employees are protected against any type of discrimination. Here are five ways employers can prevent sexual orientation discrimination in the workplace:

1. Understand current laws. Whether or not sexual orientation discrimination laws exist in your area, you should be well aware of the existing state, federal, and local statues regarding all discrimination in the workplace and work to ensure that your workplace is free of any violations to the current laws.

2. Examine internal policies and procedures to ensure that they don’t discriminate against LGBT employees. Review the language used in all policies, guidance, forms (including application forms), and other material to make sure they comply with current anti discrimination laws and that they cannot be construed as discriminatory to LGBT employees. If you don’t have a policy against sexual orientation discrimination, draft one or incorporate it into current policies.

3. Make sure employees understand and abide by company anti sexual orientation discrimination policies. Consistently communicate with staff to ensure compliance and to explain the behavior that is expected of employees. Don’t just send an email with a read receipt attached— include sexual orientation in diversity training and workshops so employees understand that you expect the workplace to be free from sexual orientation discrimination. Sexual orientation discrimination policies and working practices should also be continuously monitored to ensure they are working effectively.

4. Ensure that recruiting practices are fair and consistent. If an LGBT candidate perceives that she was discriminated against during the recruiting process as a result of her sexual orientation, she can still sue you under a number of legal premises that have nothing to do with discrimination. At best it will result in bad publicity for the company and at worst, a lawsuit.
   To avoid sexual orientation discrimination, make sure that advertisements and job descriptions include only relevant information and identify the key skills, experience, and qualifications necessary to do the job. In the interview practice, ensure that recruiters don’t make assumptions about a candidate’s sexual orientation (i.e., assuming a candidate is gay because of the way he speaks or his mannerisms) because any appearance of discrimination based on sexual orientation may result in a legal complaint.
   If a candidate or employee volunteers information about her sexual orientation, be sensitive and keep it confidential. It is not your business to let anyone know— the potential employee will do that if she wants to.

5. Publicly handle workplace harassment and bullying. Make sure that employees know that discrimination and bullying of any kind will not be tolerated in the workplace by taking swift and decisive action against offending employees.

Sources:

Sexual Orientation Discrimination in the Workplace, Nolo.com

Facts About Discrimination Based on Sexual Orientation, Status as a Parent, Marital Status and Political Affiliation, The U.S. Equal Employment Opportunity Commission