According to a new report, nearly half of LGBTQ employees have experienced job discrimination at some point in their careers. The Williams Institute at UCLA School of Law report surveyed more than 2,000 people about their experiences with workplace discrimination and harassment.

 It found that 46 percent of LGBTQ workers have faced unfair treatment because of their sexual orientation or gender identity — including being passed over for a job, getting paid less than others for the same work, or experiencing verbal abuse or physical violence.

A Landmark Study, Following a Landmark Case

The study, one of the first of its kind, looked at the experiences of LGBTQ workers during the COVID-19 pandemic and in the year following Bostock v. Clayton County. This landmark case established employment protections for LGBTQ people on the basis of sex discrimination under Title VII of the Civil Rights Act of 1964.

The report’s release follows a number of other major advances for LGBTQ rights this year, including the introduction of the Equality Act, which would prohibit discrimination against LGBTQ people in housing, employment, credit, education, and public accommodations.

Despite these advances, the report reveals that discrimination based on sexual orientation and gender identity is still prominent in the workforce. 

Let’s take a look at the numbers:

  • 31.1% of LGBT respondents reported experiencing discrimination or harassment within the past five years because of their sexual orientation or gender identity
  • 45.5% of LGBTQ workers have experienced some form of employment discrimination in their lives, including being fired, not hired, or harassed.
  • 8.9% of respondents said they were either not hired or fired based on their gender identity or sexual orientation.
  • 57.0% of LGBTQ employees who experienced discrimination or harassment at work said the adverse actions were religiously-based.

The report paints a sobering but not unsurprising picture of the continuing discrimination faced by LGBTQ workers in America. 

When Race and Identity Intersect

An important yet still unsurprising finding of the report was that LGBTQ people of color experienced discrimination and harassment in the workplace in the past, and continue to experience it today.

  • 33.2% of LGBTQ people of color experienced being fired or not hired because of their gender identity or sexual orientation, compared to 26.3% of white LGBTQ employees.
  • 29.0% of LGBT people of color said they were not hired because of their LGBT status compared to 18.3% of their white counterparts. 
  • 11% of LGBT people of color said they were fired or not hired in the last year because of their LGBT status

Over half of LGBT employees of color indicated that their experience of workplace discrimination was motivated by religious beliefs, while less than half of white LGBTQ employees reported the same.

Transgender Workers are Significantly More Likely to Experience Workplace Discrimination

Almost half of transgender workers reported being fired or not hired because of their LGBTQ status, while less than one-third of their cisgender LGB counterparts reported the same treatment. Twice as many trans employees said they were not hired because of their gender identity.

Trans workers also report higher incidences of discrimination, including:

  • being passed up for promotions
  • not getting raises
  • having their schedules changed or hours reduced
  • being excluded from company events

In addition, almost half of transgender employees reported experiencing verbal harassment over the course of their careers from co-workers, supervisors, and customers. In contrast, less than one-third of cisgender LGB employees reported verbal harassment at work.

Trans workers are twice as likely to experience sexual harassment in the workplace than their LGB counterparts.

How LGBTQ Employees are Coping

For those LGBTQ individuals that managed to be hired, over 65% of respondents said they experienced negative slurs in the workplace. 57% of those individuals reported discrimination based on religion, citing instances where co-workers told them they should pray not to be as they were or that they were “going to hell.”

As a result, over half of LGBTQ respondents indicated that they were not out to their supervisors. Over a quarter said they were not out to their co-workers. Over 50% of respondents who are out at work report discrimination, compared to less than 20% who remained in the closet at work.

Many LGBTQ employees engage in “covering behaviors” at work to avoid harassment and discrimination. Over one-third of transgender employees changed their physical appearance at work and changed bathroom use at work to avoid adverse treatment. Over one-third of LGBTQ employees left their jobs because of discrimination and harassment.

We’re Not There Yet

Though there has been some progress made in the past decade, it is clear that we still have a long way to go before LGBTQ employees are treated equally and fairly in the workplace. The findings of this report should be a wake-up call for employers who must take proactive measures to ensure their workplaces are safe and inclusive for all employees, regardless of race and identity.

The report also sends a clear message to lawmakers that discrimination against LGBTQ employees is still a reality, and we are not there yet when it comes to equality in the workplace.

If you’ve been a victim of sex or gender discrimination, contact an employment law attorney to determine your rights against your employer.