LGBTQ+ Rights in the Workplace
“There will not be a magic day when we wake up and it’s now okay to express ourselves publicly. We make that day by doing things publicly until it’s simply the way things are.” – Tammy Baldwin, first openly gay Senator in the United States
Created in the late 19th century, Labor Day is a day honoring American workers and the labor movement. Not all workers have always been protected in America, and there is a wage gap between genders and ethnicities (with white men being the highest earners) that still exists despite other progress being made.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex in the United States. Until the court case of Bostock v. Clayton County in 2020, it was not affirmed whether this included sexual orientation or gender identity. After joining a recreational gay softball league, Gerald Bostock was fired from his long-time position with Clayton County, Georgia due to “conduct unbecoming a county employee”. He argued that he was terminated because of his sexual orientation and filed a lawsuit under Title VII of the Civil Rights Act of 1964. At the end of the trial in June of 2020 the Supreme Court reasoned that if an employer fires an employee for being attracted to the same sex, it treats employees differently based on sex, which violates Title VII.
While this interpretation of Title VII offers protection, there is currently no federal statute that directly addresses LGBTQ discrimination in the workplace. In fact, in about 13 states there isn’t even any state level prohibition on discrimination against LGBTQ+ individuals in the workplace. We know that most companies have policies in place that offer some protection against discrimination, but statistics in the United States still show that:
· 47% of LGBTQ+ workers have faced discrimination/harassment in the workplace at some point in their lives
· 46% of LGBTQ+ workers are not out to their current supervisor, and 21% are not out to any co-workers
· 55% of trans and non-binary workers have experienced harassment/discrimination at work
· 31% of cis LGBQ workers have experienced harassment/discrimination at work
· 33% of LGBTQ+ workers have left jobs because of harassment/discrimination
So, what do we do about this? Obviously legal change is the big answer but until that happens, we still need to feel safe where we work. According to the HRC “Working with Pride” guide, there are some steps you can take.
1) Know what to look for when looking for an inclusive employer
o Workplace protection, inclusive benefits, inclusive culture, external engagement and accountability
2) Use storytelling to open hearts and shift perspectives
o Facts can inform, but stories transform. Inviting reflection, creating connection, and making space for change. Use your voice with intention, honoring both your lived experience and your sphere of influence.
o Know your audience and tailor your message
3) Reiterate universal values
o Dignity and respect
o Fairness and freedom
o Kindness and community
Download the HRC Guide to Working with Pride Working with Pride 2026 Employee Toolkit