Workplace Discrimination

Every Texan should be able to work regardless of sexual orientation or gender identity. Equality Texas supports legislation prohibiting discrimination in employment based on race, color, disability, religion, sex, national origin, age, sexual orientation, gender identity, or marital status.

Sections:
Overview
Statement of Issues
Equality Texas Position
Equality Texas Action
Call to Action
Facts

• It is a fundamental American and Texan value that people who do their jobs, pay their taxes, and contribute to their communities should not be discriminated against in their workplace. Yet, there is no statewide law to prohibit discrimination in the workplace on the basis of real or perceived sexual orientation or gender identity/expression in the workplace.
• A majority of fair-minded people do not realize that, in most of Texas, a gay, lesbian, bisexual, or transgender person can be legally fired because of their sexual orientation or gender identity.
• Texas's nondiscrimination law does not explicitly address sexual orientation or gender identity discrimination.
• LGBT people face pervasive discrimination in the workplace. Such discrimination prevents LGBT people from working and contributing to society.
• The following Texas cities have nondiscrimination ordinances in place for LGBT employees:
  
  • Austin (1981, 2004) - Sexual orientation and gender identity protection covering employment, housing, and public accommodations.
  • Fort Worth (2000) - Sexual orientation protection in employment, housing and public accommodations.
  • Houston (2001) - Sexual orientation and gender identity protection covering city employees, city contracts, and city facilities/services.
  • Dallas (2002) - Sexual orientation protection covering city employment, housing and public accommodations.
  • El Paso (2003) - Sexual orientation and gender identity protections covering public accommodations only.

• Equality Texas supports legislation prohibiting discrimination in employment based on race, creed, color, national origin, sex, marital status, sexual orientation, gender identity, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal. Equality Texas supports extending nondiscrimination laws to all Texans, including Texas state employees.
• Texas should prohibit workplace discrimination on the basis of sexual orientation, gender identity, and marital status by adding sexual orientation, gender identity, and marital status to Texas's workplace nondiscrimination laws. Texas legislators should add sexual orientation, gender identity and marital status to the definitions of an unlawful employment practice by an employer, employment agency, or labor organization in Title 2 of the Texas Labor Code, Chapter 21, Section 21.051.
• In Texas it is already illegal to discriminate on the basis of race, color, religion, national origin, sex, age, or disability. It is now time to add sexual orientation, gender identity, and marital status to this list. 17 states have already passed laws prohibiting employment discrimination on the basis of sexual orientation.
• Passing a law to prohibit workplace discrimination on the basis of sexual orientation and gender identity would not create quotas for hiring gay or lesbian employees. Additionally, it would not be construed to endorse any specific belief, practice, behavior, or orientation. Adding sexual orientation, gender identity and marital status will simply guarantee that no Texan, gay or straight, is discriminated against on the basis of his or her sexual orientation or gender identity.
• The fact that Texas does not have a law prohibiting workplace discrimination on the basis of sexual orientation is a true impediment to the efforts of Texas employers and institutions of higher education to recruit top professionals, professors and students.
• Inclusive non-discrimination policies make good business sense. Over two-thirds of the nation's Fortune 500 companies have such policies in place, including nine of the top 10 (only ExxonMobil does not).

• Work to advance legislation adding sexual orientation and gender identity to the Employment Discrimination chapter of the Texas Labor Code. In 2005, three (3) nondiscrimination bills were submitted and included various protections against sexual orientation and/or gender identity discrimination. Though none of the bills were passed, progressive legislators continue to advocate for equal comprehensive nondiscrimination laws.
• Coordinate lobby days and district lobby efforts to effectively communicate the personal stories of LGBT individuals.
• Research and publish fair employment practices of Texas businesses. Supplementing HRC's Corporate Equality Index, Equality Texas will identify Texas businesses and corporations that have implemented fair employment practices, including nondiscrimination policies and domestic partnership benefits. This information will be used to educate our supporters and legislators of progressive business in their districts.
• Identify LGBT employees that have experienced discrimination to tell their stories and to educate the public and legislators about the harmful impact of unfair business practices.

• Tell your story of how unfair business practices have affected you. Your story is a powerful tool to let other LGBT Texans know they are not alone. Log on to www.equalitytexas.org to make a difference.
• Visit your Representative or Senator in their district office. You can visit the legislator's district office as a constituent. District office visits are one of the best opportunities for you to make an impact on your representative. Equality Texas can coordinate and assist you with these visits.
• Participate in an Equality Texas Home Visit with your elected officials. Equality Texas arranges small gatherings of supporters to visit with their legislator. In this informal environment, legislators are able to interact personally with LGBT and supportive allies to better understand our issues.
• Host or attend an Equality Texas House Party to increase support for our efforts to advance equality. The house parties are fundraisers to support Equality Texas' mission.
• Contribute to Equality Texas and support our efforts to achieve equality for all Texans and to eliminate discrimination based on sexual orientation and gender identity. Contribute at www.equalitytexas.org/contribute

• In 2005, the Harris Interactive polled over 2,200 Americans and found that nearly seven out of 10 (69%) heterosexuals consider it extremely or very important that a company offer equal health insurance benefits for all employees, compared to 57 percent in 2002.
• Fifty-seven (57%) of heterosexuals consider it extremely or very important that a company have a written non-discrimination policy that includes race, ethnicity, sex, religion, age, sexual orientation and disability, compared to only 43 percent in 2002.
• Almost nine out of 10 (88%) LGBT adults consider it extremely or very important that a company have a written non-discrimination policy that includes race, ethnicity, sex, religion, age, sexual orientation and disability, compared to 66 percent in 2002.
• More than eight out of 10 (81%) LGBT adults consider it extremely or very important that a company offers equal health insurance benefits for all employees, compared to 71 percent in 2002.
• 15 states (covering over one-third of the US population) already have laws protecting LGBT persons in their employment. This includes Nevada, Wisconsin, New Hampshire, and Illinois.
• 14% of gay, lesbian and bisexual workers reported having experienced work place discrimination in 2000.
• Gay and bisexual men earned 27% less than their equivalent heterosexual male counterparts with the same education, experience, occupation, and region of residence.