Workplace Discrimination and Harassment Policies
Under the patchwork of state and local employment law that prohibits employment discrimination based on gender identity and sexual orientation more than three of every five citizens live in jurisdictions that do not provide such protections, and they are needed.
- Employment Non-Discrimination: Federal, State and Local Laws and Legislation
- Evidence of Sexual Orientation and Gender Identity Employment Discrimination
Employers can enact their own policies to apply consistently across their organization. The line between employment protections from discrimination and protections from harassment is not clearly defined, but anti-discrimination policies typically emphasize the responsibility of the employer and anti-harassment policies emphasize the responsibility of employees. Often, anti-harassment and non-discrimination statements are wrapped into the same policy language.
Non-Discrimination/Equal Employment Opportunity Policies
An employer's non-discrimination policy, or equal employment opportunity policy, typically covers conditions of employment including hiring, promotions, termination and compensation. Employers should include "gender identity or expression" (or "gender identity") and "sexual orientation" as protected classes, in addition to other federally-protected classes, in non-discrimination policies.
The policy is generally available in employee handbooks and included in a business' "Code of Conduct" but should also be incorporated as part of job announcements, on the employer's website and as part of career or diversity-related materials.
- Sample Equal Employment Opportunity Policies
- Sexual Orientation and Gender Identity: Terminology and Definitions
- FAQ: How can I find an employer's non-discrimination policy?
- FAQ: Is Gender Identity or Expression preferred over Gender Identity in employment policies?
Thousands of businesses, including the vast majority of Fortune 500 corporations, already prohibit discrimination based on sexual orientation and gender identity.
| Fortune 100 | Fortune 500 | Fortune 1000 | AmLaw 200 | Raw Totals | |
|---|---|---|---|---|---|
| 2009 Interim | 69 (69%) |
207 (41%) |
254 (25%) |
112 (56%) |
804 (—) |
| 2008 Total | 60 (60%) |
175 (35%) |
214 (21%) |
89 (45%) |
700 (—) |
| 2003 Total | 11 (11%) |
26 (5%) |
— | — | 79 (—) |
| Fortune 100 | Fortune 500 | Fortune 1000 | AmLaw 200 | Raw Totals | |
|---|---|---|---|---|---|
| 2009 Interim | 97 (97%) |
434 (87%) |
702 (70%) |
157 (79%) |
3,252 (—) |
| 2008 Total | 97 (97%) |
423 (85%) |
689 (69%) |
150 (75%) |
3,221 (—) |
| 2003 Total | 96 (96%) |
360 (72%) |
— | — | 2,253 (—) |
(Data from the State of the Workplace for LGBT Americans 2007-2008 report and
How Fortune-Ranked Companies Stack Up On LGBT Workplace Policies Sep. 2009)
- State of the Workplace for LGBT Americans: our annual report that looks at the total number and percentages of employers with LGBT-inclusive policies and practices
- Policies and Practices at the Fortune 500
- Seach our Employer Database for employers that prohibit discrimination based on gender identity or sexual orientation
Anti-Harassment Policies
Specifically referencing "sexual orientation" and "gender identity or expression" in anti-harassment policies sends a clear message that all employees will be respected and able to work free of any kind of harassment, and that no form of harassment or offensive conduct directed at individuals based on sexual orientation or gender identity, in addition to other classes protected by law, will be tolerated.
