Support needed for efforts to end workplace discrimination

“I was just told by a former co-worker that I was fired because I was ‘too gay.’ It made my co-workers ‘uncomfortable.’ My attorney does ‘not handle this sort of thing.’” — 47-year-old lesbian from Williamsburg, Virginia.

Stories like this one are too common, according to Equality Virginia, the statewide advocacy organization for lesbian, gay, bisexual and transgender (LGBT) Virginians. “The right to hold a job has long been an American value,” said Dyana Mason, executive director of Equality Virginia. “However, there is nothing in Virginia’s laws that prevents a person from being fired simply because they are gay, lesbian, bisexual, or transgender.”

Currently, there is an executive order under Governor Tim Kaine barring discrimination in state employment based on sexual orientation, but this executive order could be eliminated by the next governor and it does not offer any protections for transgender Virginians who can be discriminated against because of their gender identity.

According to Equality Virginia’s Field Organizer Seth Croft, “Ten cities, counties and towns across Virginia have already taken steps to curb this injustice by passing local ordinances prohibiting discrimination in employment based on sexual orientation.”

Those localities are Arlington County, Williamsburg, James City County, Charlottesville, Alexandria, Fairfax County, Falls Church, Virginia Beach, Roanoke and Blacksburg.

“But that is not enough,” said Croft. “Many LGBT Virginians still live in fear that they could lose their job just because of who they are.”

“I was regularly harassed about being gay at work. People would lisp ‘homothexual’ and make limp wrist gestures. My computer would get turned off when I left the room so work would get lost. I wasn’t given work, then reported as lazy. I reported it to the Director of Diversity. She responded that it’s not illegal to discriminate against gays in Virginia. I brought with me dates and incidents and quotes from people. She had no interest in looking at any of this.” — 45-year-old gay male from Hampton, Virginia.

While the state of Virginia has lagged behind in protecting all of its employees from workplace discrimination, the private sector has recognized the importance of non-discrimination policies and many of the Fortune 500 companies have had them for years, Croft said. Currently 94 percent of Fortune 500 companies protect employees based on sexual orientation; including nine of the top 10 (only Exxon-Mobil does not). One hundred and twenty five Fortune 500 companies protect employees based on gender identity. Also eight of Virginia’s top-ten employers including such retail giants as Wal-Mart include sexual orientation in their non-discrimination policies.

“Having an inclusive non-discrimination policy just makes good business sense,” said Mason. “It allows you to recruit, hire and retain the best qualified applicants for the job.”

“I worked for the Public Library System and was openly out at work. Over time, management changed and eventually I was being supervised by a very conservative person. A co-worker and I had applied for the same promotion. I overheard my supervisor telling someone that I’d never get the promotion because ‘he has a reputation.’” — 42- year-old gay male from Woodbridge, Virginia

Equality Virginia just recently launched a “Tell it . . . Don’t be Silent” campaign (www.equalityvirginia.org/tellit) encouraging victims of workplace discrimination based on actual or perceived sexual orientation and gender identity to report that discrimination to the organization.

“In just the two months that the on-line reporting system has been available, over a dozen people have submitted their stories,” said Croft. The italicized narratives in this article are just a few of the stories that have been collected.

“I was fired from my job because of being transgender. Legal counsel told me that no laws were broken and that I could seek a civil lawsuit at my own costs which I would most likely lose due to having to set the precedent of discriminatory employment practices by a company in Virginia.” — 52-year-old transgender woman from Sterling, Virginia.

There is currently no federal or statewide law that prohibits workplace discrimination based on sexual orientation or gender identity. Congress is currently debating a federal employment non-discrimination act (ENDA) but it is unclear how inclusive it will be.

Please call your Congressperson and ask them to vote only for an inclusive ENDA that would protect everyone in the workplace regardless of their sexual orientation or gender identity. You can call Congress toll free at: 1-800-828-0498 and ask to speak to your representative.

For more information about this issue, or Equality Virginia, contact Seth Croft at (804) 643-4816 or e-mail seth_croft@Equalityvirginia.org.