On June 15, 2020, the US Supreme Court ruled that the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation and gender identity in three separate, but related, cases. This is the first time that there has been Federal protection for members of the LGBTQ+ community nationwide from workplace discrimination. Before this ruling there were some interpreted protections regarding anti-discrimination of LGBTQ+ employees by the Equal Employment Opportunity Commission, and even though almost half of the US states had passed protections at the state level, it was still legal to be fired for being LGBTQ+ in the remainder of the US. This has now changed.
As the LGBTQ+ community celebrates, it should do so with the knowledge that there is still much to be done. Just ask any Black American. Race was protected by the Civil Rights Act of 1964, and yet racism is still systemic and rampant. It is absolutely essential that you become an antiracist. Educate yourself and then Do Something. [Look here and here for a start.] No discussion of LGBTQ+ rights would be complete without a reminder that one of the people credited for starting the Stonewall Riot, thus beginning the gay civil rights movement, is Marsha P. Johnson, a Black trans woman. In many ways, the LGBTQ+ movement owes a debt of gratitude to Black Americans.
What does today’s ruling mean if you are an employer? It means that if you have not yet taken action to protect your LGBTQ+ employees, you need to do so. Here are 12 concrete things that can be done immediately.
1. Issue a statement to all employees that LGBTQ+ harassment or discrimination will not be tolerated – no matter what state you are in – and such actions will be treated the same as those based on race or gender (etc.).
2. Accept that being LGBTQ+ is not political and talking about being so is not sexual.
3. Revise your anti-discrimination policy to include “sexual orientation, gender identity, and gender expression.” Review all other policies and procedures for inclusivity and eliminate terms like “husband,” “wife,” “male,” and “female” and replace with a more gender-neutral term like “spouse.”
4. Review all paper and digital forms to make sure check boxes include more than “M” and “F”. Simply adding “Other” is not acceptable. Contact Metaclusive if you would like to know what is.
5. Allow employees to self-identity as LGBTQ+ to you. If you already collect racial, gender, disability, and veteran statistics, include sexual orientation as well as gender identity and expression.
6. Review marketing materials for inclusiveness. Companies are increasingly under pressure to be supportive and to show support publicly in ads and social media posts.
7. Schedule a training to educate the workforce on sexual orientation, gender identity, and gender expression. Include definitions, historical facts, and best practices. Metaclusive is available for your training needs.
8. Hold a Pride celebration event this summer – even if it is virtual.
9. Start an LGBTQ+ employee affinity group if one hasn’t already been created.
10. Encourage the use of gender-neutral language.
11. Contact your employment lawyer. Though from an attorney, the advice given here is from the Diversity, Equity and Inclusion (“DE&I”) perspective. There may be things you need to address from the legal perspective.
12. Add pronouns to email signatures, name tags, door plates, etc. Like below.
And of course, if you need help, contact Metaclusive (email: tristan@metaclusive.com and on the web: https://metaclusive.com).
Tristan Higgins (she/her/hers), Metahuman Founder Esq, Metaclusive LLC
