Sexual Orientation Workplace Discrimination - Case Study Example

Sexual Orientation Workplace Discrimination Sexual Orientation Workplace Discrimination Introduction Sexual orientation discrimination refers to the harassment or mistreatment of persons because of their perceived or actual sexual orientations that can be lesbian, gay, heterosexual or bisexual. Those people who are gays and lesbians are called homosexuals. Discrimination against gay men and lesbians at the place of work in United States has resulted to increased rates of unemployment. Employers tend to discriminate against gay men and lesbian workers because of may be the religious beliefs or their perceived attitude towards them. Discrimination against homosexuals has been witnessed in the public and private sectors in United States. Currently, in United States, around 1.5 million homosexuals work in both the public and private sectors of the economy. They work as police officers, veterinary officers, teachers, nurses, doctors and many more. Gay men and lesbians in the private sector work as bankers, statisticians, managers, company secretaries, lecturers and more. However, laws have been formulated to protect homosexuals against discrimination at the workplace. There are state laws, federal laws, and local laws that prohibit sexual orientation discrimination in America. The Employment Non-Discrimination Act (ENDA) was formulated also to protect homosexuals’ rights at the workplace (Shah and Dayna, 2010). State of employee discrimination on the basis of their sexual orientations Most qualified workers are fired from their jobs just because they practice homosexuality. It has resulted to pain to the fired gay men and lesbians not only to themselves, but also, to their parents. Some of the homosexuals opt to leave their jobs rather than persisting the harassment and mistreatment they experience from their employers and fellow employees. Harassment can result from an employer calling a gay worker, names like, a ‘poofter’ or even laughing at him during the staff meetings. Homosexuals at the workplace are mistreated in various ways such as denial of promotions, health care and the retirement benefits. Some homosexuals voluntarily leaves their jobs due to low wages after working for long hours, being insulted via emails and even sexual harassment (Nielson and Nelson, 2005). One can feel pain after been in school for many years, and then finally after one achieves his/her dream career, one is fired from his/her job, the reason being, he/she is a homosexual. Sheila, a hardworking and an excellent employee at a bank in United States, was fired from her job shortly after being discovered, being in a relationship with a female cleaner in the same bank. Sheila told the media reporters that, for the past three years, she had been receiving threats in her phone that scared her in the workplace. Both Sheila and the cleaner have now sued the companies in a court of law, in, New York. The cleaner claims that, she ought to be compensated for the discrimination against her sexual orientation at the workplace. The couple claims that they were treated unfairly by their employer even in everyday operations and more so, their dismissal from work. The court, however, seems to delay in charging the employer of the alleged sexual orientation discrimination against the couple, since they are investigating and reviewing the couple’s complaint. Three months have passed since the two were dismissed from their jobs. They no longer receive their salaries and the health care benefits provided by the bank. So far, their participation in the private sector and contribution to their families has been terminated. Also, it is probable that they will not work again in that bank in their lifetime, if the court disregards their complaints. Why employers discriminate against the gay and lesbian workers Usually the employers discriminate the gay and lesbian workers due to their attitude towards them. These attitudes develop from their religious, political and social opinions about homosexuality. For instance, a manager will develop bad perceptions towards a certain worker who is a gay, when he assaults other male workers in that company. Then, he/she will look for ways to eliminate him from the company’s operations. It can be due to the negative attitude towards the situation or the old bad perceptions about homosexuality (Shah and Dayna, 2010). In the workplace, the manager ensures that employees have ethics and if such behaviors, that is, gay men assaulting other male workers, are not allowed in that company, the manager will get ways to eliminate gays from work. The employers can decide to deny homosexuals some services such as promotions, medical leaves and welfare facilities due to political reasons. During the debates on the bill allowing homosexuality practice in some American states, many people were against it including the churches, international organizations and individuals. After President Obama signed the bill legalizing homosexuality in America, large populations up to date have never accepted homosexuality in their operations. That is why some employers tend to discriminate against homosexuals in the workplace. Employee discrimination is rampant in many organizations since the employers are always under control of the employees’ operations. Most managers and directors determine the lifespan of employees’ participation in the organization and, therefore, a homosexual employee can be dismissed from his/her job as far as an organization does not allow homosexuality behavior in its operations. Employers should, however, judge their workers according to their work performance, but, not their sexual orientations. According to research done in America, most people do not support employee discrimination at work and, therefore, the employers are expected to treat their workers equally irrespective of their races, genders and sexual orientations (Appleby, 2008). Effects of sexual orientation workplace discrimination In United States today, the homosexuals at work does not get the appreciation they deserve. While every family is struggling to maintain their standard of living, workers are being dismissed from jobs because of their sexual orientations and thus, become unemployed. As a result, workers suffer financial pain together with their families (Garnets and Kimmel, 2003). In the public sector, employers incur unnecessary costs in recruiting the best workers after dismissing the previous gay and lesbian workers. Additionally, they reduce the work performance and the productivity, as well as, increasing the risk of being litigated that is usually costly. Homosexuals’ discrimination at the place of work is a form of bad business practice that has resulted to losses of skilled personnel both in the public and the private sector. Despite the fairness and hard work culture of Americans at work, discrimination against gay and lesbian workers has still continued leading business failure and fall in the level of living standards of people (Gay & Lesbian Equality Network, NEXUS Research Cooperative & Combat Poverty Agency, 2005). Employed gay men and lesbians always fear to lose their jobs every time they arrive at the workplace. According to human resource departments, the productivity of these workers is affected because they are not aware of their future participation in the company’s operations. Following dismissal of gay and lesbian workers either in one’s company or others, those who are still at work will fear and, as a result, they will not be ready to achieve the company’s vision since they are unaware of their future in that company. Employers have been noticed to use this opportunity, by allocating these workers hard tasks, delaying their payments and denying them health care benefits since they know that the workers are in fear and anxiety. A gay or a lesbian worker can opt to work for long hours to satisfy the employer’s needs just because, he/she fears to lose his/her job that can result to problems to his/her family (Rodgers, 2006). After gay and lesbian workers are dismissed from their jobs, they incur costs in litigating their employers and still, the probability of compensation by their employers is low since the legal system in America does not offer enough protection to these workers. Research reveals that the legal protection offered to employed homosexuals is low as compared to that offered to race based groups. Discrimination of gay and lesbian workers contributes to job insecurity, which is a problem to the business, in achieving its goals (Gay & Lesbian Equality Network, NEXUS Research Cooperative & Combat Poverty Agency, 2005). When companies lose highly qualified and efficient employees, the running of the company’s operations is affected in one way or another. Take the case of Apple Inc., a company that manufactures electronics and devices such as the iPads, iPods and iPhones. Several designers and experts in software manufacturing are fired because they are gays. As a result, the operations of the organization will be affected since the fired employees are the key participants in enhancing innovation. Apple Inc. will then incur unnecessary costs in recruiting and training of workers to fill those positions left by the fired gay designers. Therefore, employees both in the private and public sector should evaluate the work performance of the worker irrespective of their sexual orientations so that they can maintain their business performance and effective running of the company’s operations (Rodgers, 2006). Remedies to sexual orientation workplace discrimination Prohibition of workplace discrimination against gay and lesbians has been advocated for by some local and state governments in America. However, this has not been achieved because some homosexuality behaviors are acquired but not real in lives of many gay and lesbian employees. Also, the fact that the antidiscrimination laws protecting homosexuals have not been there in the past, makes it harder, for recognition of gay men and lesbians at the workplace. Some state governments have formulated laws prohibiting discrimination against homosexuals at work, but, only in the public sector. The private sector has been left, whereby few companies recognize gay rights and thus the unfairness towards the homosexuals still continues (Ritter and Terndrup, 2002). Recently, attempts to formulate federal laws that protect gays and lesbians at the workplace have failed. Discrimination of people on the basis of their gender, race and religion at the workplace is prohibited in federal states. The federal laws protecting gay people were not passed in the history because the legalization of homosexuality practice was done recently. All the laws attempted or already passed to protect gay men and lesbians at work through ensuring that they have equal opportunities as the other workers, they work for acceptable hours and are not illegally fired or retrenched (Rodgers, 2006). Some companies have formulated their own policies that protect gay and lesbian workers against discrimination at the workplace. They ensure that, all workers have equal rights and opportunities at the workplace by putting in place, guidelines, to discipline those managers who discriminate against gay and lesbian workers. Some companies and non-profit organizations seem not to pass laws recognizing gay rights in their operations because they contradict with their core values. Most non-profit organizations are not in the move to recognize homosexuals’ rights because their work is to promote religion, good moral values and help the needy. For example, a religious group spreading the gospel will not be willing to recognize homosexual’s rights of its workers because that contradicts with their religious beliefs (Nielson and Nelson, 2005). The Employment Non-Discrimination Act (ENDA) is aimed at protecting workers from mistreatment and harassment at the place of work. The Act specifies on protection of workers against sexual orientation workplace discrimination. The Act has been supported by many people in America. Many companies have also supported ENDA as an attempt to maintain their effective operations and to protect gay and lesbian workers from illegal firing (Ritter and Terndrup, 2002). In conclusion, sexual orientation workplace discrimination results to too many negative implications. The discrimination against gay men and lesbians at the place of work is caused by the attitudes of employer or the nature of business conducted by the group, for example, helping the disabled by the NGOs. Gay and lesbian employees can be mistreated at work through delayed payments, denial of health care benefits and illegal firing. As a result, those employed gay men and lesbians are always anxious since they fear to be dismissed from their jobs. Those who are fired feel frustrated together with their families. Illegal firing of gay and lesbian workers has resulted to low standards of living. Also, the companies involved in dismissing of workers because they are gays or lesbians incur unnecessary costs in recruiting and training new workers. The efficient operations of the companies are affected since they lose hardworking and qualified workers. However, the state and local governments in United States have formulated laws to protect gay and lesbian workers against discrimination. Some organizations have formulated policies protecting gay and lesbian workers while others are not ready to recognize homosexual’s positions at the workplace, for example, religious organizations. References Appleby, G. S. (2008). Harassment and discrimination: And other workplace landmines. Irvine, Calif.: Entrepreneur Media. Garnets, L., & Kimmel, D. C. (2003). Psychological perspectives on lesbian, gay, and bisexual experiences, New York: Columbia University Press. Gay & Lesbian Equality Network, NEXUS Research Cooperative., & Combat Poverty Agency. (2005). Poverty: Lesbians and gay men--the economic & social effects of discrimination. Dublin: Combat Poverty Agency. Nielsen, L. B., & Nelson, R. L. (2005). Handbook of employment discrimination research: Rights and realities. Dordrecht, the Netherlands: Springer. Ritter, K., & Terndrup, A. I. (2002). Handbook of affirmative psychotherapy with lesbians and gay men, New York: Guilford Press. Rodgers, W. M. I. I. I. (2006). Handbook on the Economics of Discrimination. Cheltenham: Edward Elgar Pub. Shah, Dayna K. (2010). Sexual Orientation and Gender Identity Employment Discrimination: Overview of State Statues and Complaint Data. Diane Pub Co. Read More