Treatment FAQ

how does sexual orientation affect workplace treatment

by Agustina Mueller Sr. Published 3 years ago Updated 2 years ago
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Studies from countries with laws against discrimination on the basis of sexual orientation suggest that gay and lesbian employees report more incidents of harassment and are more likely to report experiencing unfair treatment in the labor market than are heterosexual employees.

Eight percent to 17 percent of gay and transgender workers report being passed over for a job or fired because of their sexual orientation or gender identity. Ten percent to 28 percent received a negative performance evaluation or were passed over for a promotion because they were gay or transgender.Jun 2, 2011

Full Answer

Why is sexual orientation important in the workplace?

Just like discrimination in any other form, treating someone in the workplace differently based on their sexual orientation is an unlawful action that may violate company policies and/or state and federal laws. Sexual orientation is defined by whether an individual identifies themselves as heterosexual, homosexual, bisexual or other.

What are the effects of concealment of sexual orientation in the workplace?

Sexual orientation discrimination in the workplace occurs when an employee is subjected to negative employment action, harassment, or denial of certain benefits because of their sexual orientation, or the sexual orientation of someone they are close to.

What is sexual orientation discrimination and how can it affect you?

Apr 22, 2019 · Sex in this case includes pregnancy, gender identity, and sexual orientation (EEOC). However, the EEOC is not able to enforce these laws with all companies. Instead, some companies are not covered under the EEOC, and people trying to file a complaint need to look to their state for other anti-discrimination laws to use to support their claim.

Why is it so difficult to address sexual orientation?

Oct 18, 2021 · Sexual orientation discrimination in the workplace includes any types of different treatment or harassment of an employee based on a real or perceived sexual orientation. No federal law expressly outlaws employment discrimination in the private sector on the basis of sexual orientation, although federal government employees are protected from discrimination …

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Why do employers ask about sexual orientation?

Gary Gates, a retired demographer from the Williams Institute, said employers may ask about sexual orientation so they can design better or more-alluring benefits plans.Mar 14, 2016

Why is it important to respect sexual orientation?

You may not make the same choices about sexual activity, understand someone's gender identity, or share the same sexual orientation, but respecting people's differences creates an atmosphere of acceptance and support that can help all people understand sexuality and achieve good sexual health.

How do you address sexual orientation in the workplace?

5 Ways to Prevent Sexual Orientation Discrimination
  1. Establish Clear Policies That Prohibit Discrimination. ...
  2. Provide Anti-Discrimination Training. ...
  3. Communicate with Transitioning Employees. ...
  4. Have a Plan in Place to Investigate Claims. ...
  5. Aim for Gender Neutral.

Can you be denied a job because of sexual orientation?

Although many questions remain—such as how this decision will affect other laws and how the Court will resolve future questions regarding religious expression—it is now illegal for covered employers to make employment decisions based on an individual's sexual orientation or transgender status.Jun 15, 2020

Why is it important to respect others property?

Respect for other people's things implies to know and to feel that we should not use what is not ours, and if in a specific moment we need what does not belong to us, we cannot take it if we do not count on the approval of its owner.

What is sexual orientation discrimination in workplace?

Sexual orientation discrimination refers to harassment or differential treatment based on someone's perceived or actual sexual orientation (including being gay, lesbian, or bisexual).Jun 30, 2020

What are employers not allowed to ask?

Disability. Gender, sex or sexual orientation. Marital status, family, or pregnancy. Race, color, or ethnicity.May 2, 2022

What does Demi mean in Lgbtq?

Demisexual people only feel sexually attracted to someone when they have an emotional bond with the person. They can be gay, straight, bisexual, or pansexual, and may have any gender identity. The prefix “demi” means half — which can refer to being halfway between sexual and asexual.Jun 28, 2021

How does sexual orientation affect your job?

Sexual orientation discrimination can affect your job status, your working environment, your health benefits, and a host of other issues in the workplace. The law in this area is changing rapidly for the better.

What is sexual orientation discrimination?

Sexual orientation discrimination means treating someone differently solely because of his or her real or perceived sexual orientation: lesbian, gay (homosexual), bisexual, asexual, pansexual, or straight (heterosexual). This means that discrimination may occur because of others' perception of someone's orientation, ...

How to report sexual harassment?

If you are being sexually harassed, you should directly inform the harasser that the conduct is unwelcome and must stop. If you are a union member, it may also be helpful to contact a union civil rights committee for appropriate action. You should use any employer complaint mechanism or grievance system available, as your employer is under a legal obligation to take immediate and appropriate action when an employee complains. For more information, see our page on sexual harassment. If you have been subjected to these types of comments, you may wish to consult with an attorney who specializes in sexual harassment and/or sexual orientation discrimination to determine what laws may offer legal protection in your state.

How many states have laws against sexual orientation?

Currently, 22 states and the District of Columbia, as well as several hundred municipalities (counties and cities) also have laws that prohibit sexual orientation discrimination. 20 of these states prohibit sexual orientation discrimination in both private and government workplaces.

What is the term for a person who is forced to make comments about their sexual orientation?

Harassment : you are forced to experience comments about your mannerisms or sexual activity, sexual jokes, requests for sexual favors, pressure for dates, touching or grabbing, leering, gestures, hostile comments, pictures or drawings negatively portraying a specific sexual orientation, or sexual assault or rape.

What percentage of Fortune 500 companies prohibit discrimination based on gender?

In fact, 91 percent of Fortune 500 companies prohibit discrimination based on sexual orientation, and 61 percent prohibit discrimination based on gender identity.

Why does discrimination occur?

This means that discrimination may occur because of others' perception of someone's orientation, whether that per ception is correct or not. It may also occur based on an individual's association with someone of a different sexual orientation.

Why should sexual orientation be a part of workplace conversation?

Sexual orientation should be a regular part of workplace conversation in order to ensure inclusion. Sexual orientation acceptance training is a Human Resources requirement in every corporate organization. Check Answer.

How to circumvent discrimination?

As with every form of discrimination, the best way to circumvent it is by approaching every individual with respect. Treating others as you would like to be treated is such an elementary rule but it can have a great impact on building better relationships and healthier work environments.

Is harassment acceptable?

Harassment in any form is not acceptable by society’s standards. However, there are not universal laws in place to protect people from sexual orientation discrimination in the workplace.

Is it okay to talk about your sexual orientation?

Even though talking about your personal life is accepted in many workplaces, it is not always an all-inclusive invitation. People with a variety of sexual orientations may not be comfortable sharing information about their personal life for fear that they will be treated differently because of it. That brings us to the topic of sexual orientation discrimination. So what is it exactly? Sexual orientation discrimination is when someone is treated differently or even harassed because of their perceived sexual orientation.

What is sexual orientation discrimination?

Sexual orientation discrimination in the workplace includes any types of different treatment or harassment of an employee based on a real or perceived sexual orientation.

Which states have laws that prohibit sexual orientation discrimination?

Many states, including California, Iowa, Maryland, Minnesota, and Washington, have enacted laws that prohibit sexual orientation discrimination in private and public workplaces.

What is sexual harassment?

Harassment is any unwelcome conduct that is so pervasive or so severe that it would cause a reasonable person to feel that the conduct created a hostile work environment.

Is sexual harassment based on sexual orientation illegal?

Although federal laws do not explicitly prohibit sexual harassment based on sexual orientation, implicit protections do exist. Sexual harassment, irrespective of a perpetrator or victim’s orientation, is illegal under Title VII of the Civil Rights Act of 1964.

Can a male supervisor be liable for sexual harassment?

Similarly, a male supervisor who makes daily lewd sexual comments toward or about a gay employee , such that a reasonable person would feel that he created a hostile work environment, could be liable for sexual harassment under Title VII or under certain state laws.

Sexual Orientation in the Workplace

Earlier this year, the FedEx Corporation made the news for changing its employee’s benefits for same-sex partners allegedly as a result of shareholder activism.

REEL REVIEWS

Milk (2008), starring Sean Penn, chronicles the story and struggles of Harvey Milk, a gay activist who becomes the first openly gay political official elected in California. This film examines the relationship of business and politics, neighborhood organizing, and one man’s vision in advocating for the rights of gay people in the 1960s and 70s.

What are some examples of sexual orientation?

This happens when someone treats you worse than another person in a similar situation because of your sexual orientation. For example: 1 at a job interview, a woman makes a reference to her girlfriend. The employer decides not to offer her the job, even though she is the best candidate they have interviewed 2 a hotel owner refuses to provide a double bedroom to two men

What is sexual discrimination?

What is sexual orientation discrimination? This is when you are treated differently because of your sexual orientation in one of the situations that are covered by the Equality Act. The treatment could be a one-off action or as a result of a rule or policy based on sexual orientation.

What is an example of discrimination under the Equality Act?

For example: a gay worker complains that he has been 'outed' by his manager against his wishes and his employer sacks him.

Why can't you be discriminated against?

The Equality Act 2010 says you must not be discriminated against because: you are heterosexual, gay, lesbian or bisexual. someone thinks you have a particular sexual orientation (this is known as discrimination by perception) you are connected to someone who has a particular sexual orientation (this is known as discrimination by association) ...

What to do if you think you have been unfairly treated?

If you think you might have been treated unfairly and want further advice, you can contact the Equality Advisory and Support Service.

What is the definition of harassment in the workplace?

Harassment in the workplace occurs when someone makes you feel humiliated, offended or degraded. For example:

Is sexual orientation discrimination?

Outside the workplace, if you are harassed or receive offensive treatment because of your sexual orientation, this may be direct discrimination.

What is sexual orientation?

Within the framework of diversity management, sexual orientation represents a non-observable or underlying type of diversity, as opposed to more visible traits such as race or gender. The reason is that gay, lesbian, and bisexual employees can choose to what extent they reveal their sexual orientation in the workplace.

Why are LGBT people discriminated against?

Several reasons were sought for these discriminating behavior against LGBT. One persisting cause in the U.S. is the existence of strong religious believes. A survey of Kansas Citians found that 47 percent felt that their religious beliefs and morality strongly conflicted with homosexuality (Day, 2011). Other issues involving a negative attitude towards LGBT in the workforce are related to heterosexism and homophobia in organizational America today. (Gedro, 2010)

How does stereotype work?

Stereotyping works against people’s individuality and limits their potential. Generally, if the stereotype is that the person is not competent, then people may not perform competently. This illustrates that, to a large extent, people perform in line with the expectations placed on them. Clinging to negative stereotypes about people other than ourselves leads to prejudice, which means processing our stereotypes such that one’s own sense of superiority to the members of that group is reinforced. It is the role of the appropriate institutions within a country to recognize and eradicate both stereotyping and prejudice (Grobler, Wärnich et al., 2006).

What is diversity in the workplace?

Diversity in the workforce. With respect to the workplace, diversity refers to the co-existence of employees from various socio-cultural backgrounds. Every human being is unique, but at the same time, every individual shares biological as well as environmental characteristics with any group of others.

Why is diversity important in the workplace?

Its importance has mainly been brought about by the free movement of labor due to globalization. The fight for human rights by certain minority groups, who feel excluded from the employment sector, discloses another impulse for the current significance of diversity management. Within the context of equal opportunities in the workplace, workforce diversity again plays a major role. This equal opportunity philosophy is aimed at ensuring that organizations make the most out of the uniqueness of a diverse workforce, which might assist the organization to be more efficient and effective, rather than losing talent. Broadly, diversity management is the systematic and planned commitment by the organizations to recruit, retain, reward and promote a heterogeneous mix of employees (Grobler, Wärnich et al., 2006).

Who wrote Critical review of literature on workforce diversity?

Henry, O. and Evans, A.J. (2007). Critical review of literature on workforce diversity. African Journal of Business Management,72-76.

When did homosexuality become more liberal?

Public attitudes toward homosexuality became more liberal during the 1970s, then increasingly conservative through the 1980s, and then more liberal since 1990. (Roberson, 2009) Today, sexual orientation diversity is a key part of workplaces in the U.S.

How does discrimination affect women?

Using an experimental paradigm, Woodzicka and LaFrance (2005) found that women showed worse performance during a job interview when the interviewer engaged in subtle incidents of harassment compared to women who did not have a harassing interviewer. Rospenda et al. (2009) found that experiences of workplace harassment and discrimination predicted problem drinking and mental health detriments and Lapierre et al. (2005) reported that non-sexual workplace aggression related to lower job satisfaction; these relationships were particularly pronounced for women. Research also shows that perceived discrimination relates to more psychological distress and job dissatisfaction for White and Black female professional employees; interestingly, the relationship between discrimination and distress were especially pronounced for White women, suggesting the intersection of social identities affects outcomes associated with subtle workplace mistreatment ( Maddox, 2013 ).

Which regression analysis examining gender and sexual orientation as moderators of incivility and job identity centrality?

TABLE 4. Hierarchical regression analysis examining gender and sexual orientation as moderators of incivility and job identity centrality.

How is workplace incivility measured?

This scale measures the degree to which respondents perceived being a target of rude and disrespectful behavior at work. Instructions asked participants to indicate how often a coworker had instigated any of nine behaviors (e.g., “made jokes at your expense,” “made insulting or disrespectful remarks to you”) within the last year, using a response scale from 1 ( never) to 4 ( frequently ). The WIS has been shown to be highly reliable (α = 0.89) and to have good convergent validity, as indicated by a significant negative correlation ( r = −0.56, p < 0.001) with the Perceptions of Fair Interpersonal Treatment ( PFIT) scale ( Donovan et al., 1998; Cortina et al., 2001 ). A complete account of the development and validation of the WIS using a large employee sample is available in Cortina et al. (2001). Internal reliability for this measure in the present study was 0.85.

How is job identity centrality measured?

Job identity centrality was measured with a revised version of the importance subscale of the Collective Self-Esteem Scale ( Luhtanen and Crocker, 1992 ). Participants responded to five items assessing the extent to which being a member of their law school’s faculty was central to their identity using a 1 ( strongly disagree) to 7 (strongly agree) response scale. Example items include “In general, being a member of the law faculty is an important part of my self-image” and “Overall, being a member of the law faculty has very little to do with how I feel about myself” (reverse-coded). Luhtanen and Crocker (1992) describe the full development and validation of this measure, demonstrating its strong psychometric properties in three separate studies. Internal reliability for this measure in the present study was 0.83.

What did Waldo find about heterosexist discrimination?

Waldo (1999) found that experiences of workplace heterosexist discrimination were associated with lowered psychological and physical health and with heightened job withdrawal and job dissatisfaction among sexual minorities.

Is incivility related to sexual orientation?

Experiences of workplace incivility related to other status characteristics, such as sexual orientation, has received less attention. Scholars ( Waldo, 1999; Ragins and Wiethoff, 2005; Sue, 2010) have argued that the workplace discrimination suffered by sexual minorities is also likely to be subtle and covert due to the nature of heterosexism and homophobia, which is often implicit. However, we could not identify even one study examining experiences of workplace incivility for sexual minorities. Research in other areas (e.g., education, cultural studies) suggests that sexual minorities may be at risk for experiencing subtle maltreatment. For example, Woodford et al. (2012) found that sexual minority college students were more likely to experience incivility at school compared to their heterosexual counterparts and Tomsen and Markwell (2009) found that sexual minorities reported experiences of threat and incivility during, and especially after, LGBT-based public events. In the microaggressions (i.e., discrimination in the form of verbal, behavioral, and environmental slights and indignities toward oppressed groups; Sue, 2010) literature, a number of qualitative (e.g., focus group) studies have documented sexual minorities’ experiences of subtle discrimination in the context of the university ( Nadal et al., 2011; Platt and Lenzen, 2013 ), community ( Nadal et al., 2011; Sarno and Wright, 2013; Bostwick and Hequembourg, 2014 ), and psychotherapy ( Shelton and Delgado-Romero, 2011 ). We extend this past research by examining sexual minorities’ experiences of subtle negative treatment in the context of the workplace.

How does being a minority affect stress?

According to Brooks (1981), the stress that results from being a member of a minority group slowly accumulates over time leading to changes in the individual’s ability to process information and approach the world, such that the individual may not be able to effectively cope when faced with stressors.

What is sexual orientation?

Sexual orientation refers to the sex of those to whom one is sexually and romantically attracted (American Psychological Association, 2012).

What was the effect of the removal of homosexuality from the DSM?

The removal from the DSM of psychiatric diagnoses related to sexual orientation led to changes in the broader cultural beliefs about homosexuality and culminated in the contemporary civil rights quest for equality (Drescher, 2012). In contrast, it was only in 1992 that the World Health Organization (World Health Organization, 1992) removed “homosexuality” from the International Classification of Diseases (ICD-10), which still contains a diagnosis similar to “ego-dystonic homosexuality.” However, this is expected to change in the next revision, planned for publication in 2017 (Cochran et al., 2014).

What is the role of mental health professionals in a transgender person?

With regards to the intervention with transpeople, for decades the mental health professionals’ job was to sort out the “true” transsexuals from all other transgender people. The former would have access to physical transition, and the later would be denied any medical intervention other than psychotherapy. By doing this, whether deliberately or not, professionals – acting as gatekeepers – pursued to ‘ensure that most people who did transition would not be “gender-ambiguous” in any way’ (Serano, 2007, p. 120). Research shows that currently transpeople still face serious challenges in accessing health care, including those related to inappropriate gatekeeping (Bockting et al., 2004; Bauer et al., 2009). Some mental health professionals still focus on the assessment of attributes related to identity and gender expressions, rather than on the distress with which transpeople may struggle with (Lev, 2004; Serano, 2007). Hence, transpeople may feel the need to express a personal narrative consistent with what they believe the clinicians’ expectations to be, for accessing hormonal or surgical treatments (Pinto and Moleiro, 2015). Thus, despite the revisions of (trans)gender diagnoses within the DSM, more recent diagnoses seem to still be used as if they were identical with the diagnosis of transsexualism – in a search for the “true transsexual” (Cohen-Kettenis and Pfäfflin, 2010). It seems clear that social and cultural biases have significantly influenced – and still do – diagnostic criteria and the access to hormonal and surgical treatments for transpeople.

What is gender identity?

The concept of gender identity evolved over time to include those people who do not identify either as female or male: a “person’s self concept of their gender (regardless of their biological sex) is called their gender identity” (Lev, 2004, p. 397). The American Psychological Association (2009a, p.

When did homosexuality change to ego dystonic?

After the removal of the “homosexuality” diagnosis, the DSM-II contained the diagnosis of “sexual orientation disturbance,” which was replaced by “ego dystonic homosexuality” in the DSM-III, by 1980.

Do LGBT people need psychotherapy?

There is evidence that LGBT persons resort to psychotherapy at higher rates than the non-LGBT population (Bieschke et al., 2000; King et al., 2007); hence, they may be exposed to higher risk for harmful or ineffective therapies, not only as a vulnerable group, but also as frequent users.

Is homosexuality a psychopathology?

While nowadays we understand that higher rates of psychological distress among LGB people are related to their minority status and to discrimination, by the early 20th century, psychiatrists mostly regarded homosexuality as pathological per se; and in the mid-20th century psychiatrics, physicians, and psychologists were trying to “cure” and change homosexuality (Drescher, 2009). In 1952, the American Psychiatric Association published its first edition of the Diagnostic and Statistical Manual(DSM-I), in which homosexuality was considered a “sociopathic personality disturbance.” In DSM-II, published in 1968, homosexuality was reclassified as a “sexual deviation.” However, in December 1973, the American Psychiatric Association’s Board of Trustees voted to remove homosexuality from the DSM.

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