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LGBTQ+ Nondiscrimination Laws in Kentucky

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LGBTQ+ Nondiscrimination Laws in Kentucky University of Louisville ThinkIR: The University of Louisville's Institutional Repository Electronic Theses and Dissertations 12-2017 LGBTQ+ nondiscrimination laws in Kentucky. Christopher M Wales University of Louisville Follow this and additional works at: https://ir.library.louisville.edu/etd Part of the American Politics Commons, Lesbian, Gay, Bisexual, and Transgender Studies Commons, Other Legal Studies Commons, Public Policy Commons, Social Policy Commons, and the Urban Studies Commons Recommended Citation Wales, Christopher M, "LGBTQ+ nondiscrimination laws in Kentucky." (2017). Electronic Theses and Dissertations. Paper 2874. https://doi.org/10.18297/etd/2874 This Master's Thesis is brought to you for free and open access by ThinkIR: The University of Louisville's Institutional Repository. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of ThinkIR: The University of Louisville's Institutional Repository. This title appears here courtesy of the author, who has retained all other copyrights. For more information, please contact [email protected]. LGBTQ+ NONDISCRIMINATION LAWS IN KENTUCKY By Christopher Michael Wales B.A. Northern Kentucky University, 2014 A Thesis Submitted to the Faculty of the College of Arts and Sciences of the University of Louisville in Partial Fulfillment of the Requirements for the Degree of Master of Public Administration Department of Public Administration University of Louisville Louisville, Kentucky December 2017 LGBTQ+ NONDISCRIMINATION LAWS IN KENTUCKY By Christopher Michael Wales B.A. Northern Kentucky University, 2014 A Thesis Approved on November 16, 2017 by the following Thesis Committee: Dr. Janet Kelly, Chair Dr. Matthew Ruther Dr. Catherine Fosl ii DEDICATION This thesis is dedicated to Carrie Donald, who inspired and encouraged me to pursue social justice, and whose guidance will be greatly missed. The thesis is also dedicated to my father, Michael Wales, whose love and actions inspired me to be the person I am today. iii ACKNOWLEDGEMENTS I would like to thank the members of my committee, Dr. Janet Kelly, Dr. Matthew Ruther, and Dr. Catherine Fosl for their unbelievable patience throughout this process. This thesis would not have been possible without their much-needed and appreciated insight and assistance. I would also like to thank my mother, Denise Hawkins, for continuing to encourage me to pursue my academic career and for pulling me back from the brink of insanity several times over the past year. iv ABSTRACT LGBTQ+ NONDISCRIMINATION LAWS IN KENTUCKY Christopher Wales November 16, 2017 This thesis explores the political and demographic obstacles facing the Fairness movement in Kentucky in regards to local employment protection ordinances for LGBTQ+ persons (Fairness Ordinances). Using case studies on recent Fairness debates in Berea and Bowling Green, this thesis explores the concern some Kentuckians have about LGBTQ+ nondiscrimination ordinances in their communities. From these cases studies, it can be concluded that many of the concerns espoused by opponents of Fairness are simple scare tactics with no evidence supporting their claims. This thesis then utilizes a logistical regression to uncover what demographic characteristics increase the odds of a municipality possessing Fairness. The variables included in this analysis include population size, racial/ethnic diversity, wealth, educational attainment, religious composition, and the presence of an LGBTQ+ political organization in the city. From this analysis, only population size and average educational attainment were found to be significant predictors of whether a city would put in place a Fairness Ordinance. v TABLE OF CONTENTS DEDICATION………………………………………………………………………………………………iii ACKNOWLEDGEMENTS………………………………………………………………………………....iv ABSTRACT……………………………………………………………………………………....………….v LIST OF TABLES.................................................................................................................................…...viii INTRODUCTION…………………………………………………………………........................................1 Purpose and Methodology of the Study…………………………………………………………….5 Organization of the Study…………………………………………………………………………..7 THE CURRENT STATE OF LGBTQ+ INCLUSION………………………………………………..........10 A Review of Federal LGBTQ+ Nondiscrimination Policies……………………………………...12 State and Local Protections………………………………………………………………………..18 State Employment Protections in Kentucky………………………………….……………………20 Local Nondiscrimination Ordinances……………………………………………………………...26 Public Opinion of Fairness in Kentucky…………………………………………………………..33 HOW COMMON IS LGBTQ+ WORKPLACE DISCRIMINATION………………………….......……...37 Documented Claims of LGBTQ+ Discrimination in the Workplace……………………………...38 Survey Data on LGBTQ+ Discrimination in the Workplace……………………………………...41 The Tilcisk Study………………………………………………………………………………….42 THE IMPACT OF DISCRIMINATION ON THE INDIVIDUAL……………………………………...…46 Hegel, Taylor, and Identity………………………………………………………………………..46 Minority Stress and Psychological Issues…………………………………………………………48 Life-Threatening Conditions………………………………………………………………………50 Economic Disparities……………………………………………………………………………...51 THE IMPACT OF DISCRIMINATION ON THE ORGANIZATION…………………………………….55 Impact on Recruitment…………………………………………………………………………….56 Impact on Retention…………………………………………………………………………….....58 vi Impact on Productivity…………………………………………………………………………….60 Impact on Innovation and Problem Solving………………………….……………………………62 Impact on Litigation……………………………………………………………………………….64 Lessons Learned…………………………………………………………………………………...66 THE IMPACT OF DISCRIMIANTION ON THE COMMUNITY………………………………………..68 The Benefits of LGBTQ+ Inclusion…………………………………………………………….....69 The Costs of LGBTQ+ Exclusion…………………………………………………………………74 CRITICISMS OF LGBTQ+ INCLUSION………………………………………………………………….86 Berea’s Fight for Fairness…………………………………………………………………………87 Bowling Green’s Fight for Fairness…………………………………………………………...…102 Addressing the Misconceptions and Fears of Fairness…………………………………………..114 DATA ANALYSIS………………………………………………………………………………………..122 Descriptive Statistics……………………………………………………………………………..124 Regression Analysis……………………………………………………………………………...135 CONCLUSION…………………………………………………………………………………………....142 Population Size and Residential Educational Attainment on LGBTQ+ Rights………………….140 Future Research…………………………………………………………………………………..148 REFERENCES…………………………………………………………………………………………….157 CURRICULUM VITAE…………………………….…………………………………………………….172 vii LIST OF TABLES TABLE PAGE 3.01. Summary of Fairness Ordinances in Kentucky……………………………………………………….32 8.01. Local Nondiscrimination Laws in Kentucky……………………………………………………...…124 8.02. Descriptive Statistics of Explanatory Variables……………………………………………………..126 8.03. t-test Results Comparing Population Means…………………………………………………………128 8.04. t-test Results Comparing Income per capita Means………...……………………………………….129 8.05. t-test Results Comparing Educational Attainment Means………………………………..……….…130 8.06. t-test Results Comparing Percent Non-Hispanic White Means…………………….………………..131 8.07. t-test Results Comparing Percent Evangelical Means………………...……………………………..132 8.08. t-test Results Comparing Percent Democrat Means……………………...………………………….133 8.09. Fairness Ordinance * LGBT Organization Crosstabulation…………………………………………135 8.10. Pearson’s Chi2 and Fisher’s Exact Tests………………………...…………………………………..135 8.11. Logistic Regression, Model I………………………………………………………………………...136 8.12. Multicollinearity Matrix……………………………………………………………………………..138 8.13. Logistic Regression, Model II…………………...…………………………………………………..139 viii CHAPTER I: INTRODUCTION Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. - Article 23.1 of the Universal Declaration of Human Rights The States Parties to the Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. - Part III, Article 6 of the International Covenant on Economic, Social and Cultural Rights The ability to earn a living free from workplace discrimination or harassment is a fundamental human right. Unfortunately, places of employment are often the epicenter of discriminatory practices (Burns 2012). A prejudiced employer could harass employees, promote discriminatory workplace practices – such as unequal wages for equal work – or refuse to hire individuals they are bigoted toward. The history of the United States is packed with such discriminatory actions toward racial and ethnic minorities; women; non-Christians – or sometimes even “wrong” Christians; and lesbian, gay, bisexual, transgender, or queer individuals (LGBTQ+),1 among others, being denied full employment opportunities, sometimes by the command of law. This prejudice has resulted in many minority groups being at greater risk of poverty and other unfavorable conditions compared to individuals that have more privilege (Burns 2012). The various civil rights movements of the mid-20th century began to transform how American government at all levels regarded the civil and employment rights of its citizens. Starting in the mid- 1 A quick word on terminology: Throughout this thesis, I use LGBTQ+ as an umbrella term for persons who identify as neither “straight” nor “cisgender”. There are many identities within this signifier – I have seen some acronyms over twenty letters long – and by using “LGBTQ+”, I am not attempting to
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