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VII and Employment Discrimination in the LGBTQ+ Communities of Texas and Oregon

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VII and Employment Discrimination in the LGBTQ+ Communities of Texas and Oregon AN ABSTRACT OF THE THESIS OF Trystan Denae Melancon for the degree of Master of Arts in Interdisciplinary Studies in Human Development and Family Studies, Political Science, and Sociology presented on June 9, 2021 Title: Title VII and Employment Discrimination in the LGBTQ+ Communities of Texas and Oregon Abstract approved: ______________________________________________________ Tasha Randall Galardi The primary goal of this study is to illuminate the voices of LGBTQ+ individuals in Oregon and Texas who were victims of workplace discrimination due to their LGBTQ+ status in order to highlight the necessity of LGBTQ+ inclusive employment discrimination legislation. This study used qualitative research methods to gather data from existing news articles, interviews, blogs, court testimonials, narratives, and magazine articles that contain direct quotes from LGBTQ+ individuals living in both Texas and Oregon who have experience with being out about their LGBTQ+ status in their workplaces. The findings of this study were evaluated based on categories that define the types of discrimination these individuals faced and the influence it had on their lives both in and out of work. This analysis and its findings add to the collection of literature that advocates for further protections for the LGBTQ+ community in not only employment discrimination but all aspects of their lives. The overall findings of this study show that many LGBTQ+ individuals still experience workplace discrimination despite the various forms of legal protections that are in place and should prevent this from happening. ©Copyright by Trystan Denae Melancon June 9, 2021 All Rights Reserved Title VII and Employment Discrimination in the LGBTQ+ Communities of Texas and Oregon by Trystan Denae Melancon A THESIS submitted to Oregon State University in partial fulfillment of the requirements for the degree of Master of Arts in Interdisciplinary Studies Presented June 9, 2021 Commencement June 2022 Master of Arts in Interdisciplinary Studies thesis of Trystan Denae Melancon presented on June 9, 2021 APPROVED: Major Professor, representing Human Development and Family Studies Director of the Interdisciplinary Studies Program Dean of the Graduate School I understand that my thesis will become part of the permanent collection of Oregon State University libraries. My signature below authorizes release of my thesis to any reader upon request. Trystan Denae Melancon, Author ACKNOWLEDGEMENTS I would like to take this time to thank all of the wonderful people who have put their time and love into me throughout the course of this project and degree. Thank you to my parents, Amanda and Casey, who have continually supported me through all of my endeavors and done everything in their power to put me in a position to succeed. Thank you to my brother, Mason, who has and always will be my best friend that I know I can count on when everything else is falling apart. Thank you to my friends back home in Texas and my newfound friends in Oregon all of the countless others who have continued to reach out their hands in support of my athletic and academic endeavors. Thank you to my committee for their continued support and patience throughout these last 2 years. Finally, I would like to thank Lucy Schaefer. TABLE OF CONTENTS Page 1. Introduction...………………….………………………………………………………1 2. Overview of Policy and Legal History Relating to Title VII and the LGBTQ+ Community……...……………………………………………………………………..3 3. Theory.………….…………………………………………………………………….12 4. Methods………………………………………………………………………………18 5. Analysis……………………………………………………………………………….23 6. Discussion………………………………………………………………........................35 7. Conclusion...………………………………………….…………………………….…40 8. References...…………………………………………………………………….….….42 DEDICATION I would like to dedicate this thesis to Lucy Nicole Schaefer. Although you did not make it to see me finally complete it, I know you would have been so proud of the work that I did. You were always my number 1 fan, and I will always be yours. I love you and miss you always. 1 1. Introduction In 2020, suicide was the tenth leading cause of death in the United States (Ahmad, 2021). Gay, lesbian, bisexual, transgender, and queer identified (LGBTQ) individuals are two times as likely to report suicidal ideation and have higher rates of suicidal attempts than their heterosexual and cisgender counterparts (Sutter & Perrin, 2016). In the LGBTQ+ community, mental health disorders, suicidal thoughts, and substance abuse disorders are more prevalent when compared to those who are not from sexual minority groups (Sutter & Perrin, 2016). Discrimination has consistently been implicated as a major stressor correlated with adverse psychological effects and LGBTQ+ individuals are particularly vulnerable to daily exposure to social stress and discrimination based on their LGBTQ+ status (Sutter & Perrin, 2016). In November of 2020, the FBI disclosed unacceptably high levels of LGBTQ+ related hate crimes which represent 16.7% of all hate crimes making it the third largest category, after race and religion (Ronan, 2020). The year 2020 also saw the fatal shootings of at least 44 transgender or gender non-conforming individuals (Human Rights Campaign, 2020b). Most of these individuals were either Black or Latinx transgender women. Unfortunately, these statistics on discrimination and death are incomplete because it is too often that these cases go unreported or are misreported in ways unfavorable to the LGBTQ+ victims (Human Rights Campaign, 2020b). These instances of discrimination include access to housing, medical costs especially in the transgender community, estate planning, family planning, and employment protections (Cruz, 2020). In 1964, the Civil Rights Act was passed giving rights and liberties to minority groups and underprivileged communities that they had never had before (U.S. Equal Employment Opportunity Commission, n.d.). This historic sweeping legislation changed the way American society operates and has since provided significant judicial and legislative backing for these groups (History.com Editors, 2010). One group that was left out of this influx of civil rights was the LGBTQ+ 2 community. This research paper seeks to explore the way that the absence of explicit protections for the LGBTQ+ community in Title VII of the Civil Rights Act of 1964, the section related to employment discrimination, has impacted this community. In order to do so, this project focused on comparing the employment and workplace discrimination experiences of LGBTQ+ individuals in Oregon vs. Texas as they relate to an individual’s LGBTQ+ status. Using qualitative research methods, this study gathered data from existing news articles, interviews, blogs, court testimonials, narratives, and magazine articles that contain direct quotes from LGBTQ+ individuals living in both Texas and Oregon who have experience with being out about their LGBTQ+ status in their workplaces. The findings of this study were evaluated based on categories that define the types of discrimination these individuals faced and the influence it had on their lives both in and out of work. This research is important because a stable job and source of income are key factors that impact the LGBTQ+ community and their ability to avoid or overcome major barriers that are unique to this specific minority group (Cruz, 2020). This analysis and its findings add to the collection of literature that advocates for further protections for the LGBTQ+ community in not only employment discrimination but all aspects of their lives. 3 2. Overview of Policy and Legal History Relating to Title VII and the LGBTQ+ Community Title VII of the Civil Rights Act of 1964 states that it is unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin (Civil Rights Act, 1964). This section of the Civil Rights Act served as Congress’s solution to eliminating discrimination and “undue hardship” in places of employment (Sanders, 2016). It also established the Equal Employment Opportunity Commission (EEOC) which is responsible for enforcing federal laws that make it illegal to discriminate against job applicants or employees on the basis of their race, color, religion, sex, national origin, age disability or genetic information. All employees who are alleging Title VII violations must file their complaint with the EEOC before filing a charge in federal court (Sanders, 2016). The EEOC is also in charge of regulating and clarifying Title VII and defining what discrimination based on the characteristics listed in the act looks like (Sanders, 2016). The Civil Rights Act’s vague use of the word “sex” left a lot up to speculation and interpretation as far as how to define sex and who was really protected by this legislation. In 1989, Price Waterhouse v Hopkins acted as preliminary landmark case for LGBTQ+ rights in the workplace. While working for the Price Waterhouse accounting firm, Ann Hopkins was repeatedly passed up for a promotion on the grounds that she did not walk, talk, or dress femininely enough in the eyes of her male co-workers (Brennan, W. J. & Supreme Court of The United States, 1988). Ann Hopkins was a heterosexual woman but making her sex-stereotyping claim set the stage for the future usage of sex-based stereotyping as a form of defense for LGBTQ+ individuals
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