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Workplacethe State of the for Lesbian, Gay, Bisexual And WORKPLACE For Lesbian, Gay, Bisexual and Transgender Americans 2001 The State of The HRC SENIOR STAFF As America’s largest gay and lesbian organization, the Human Rights Campaign provides a Elizabeth Birch national voice on gay and lesbian issues. HRC effecively lobbies Congress; mobilizes grass- Executive Director roots action in diverse communities; invests strategically to elect a fair-minded Congress; and Harvey Hurdle Chief Operations Officer increases public understanding through innovative education and communication strategies. Veronica Hairston HRC is a bipartisan organization that works to advance equality based on sexual orientation Director of Human Resources and Diversity Seth Kilbourn and gender expression and identity, to ensure that gay, lesbian, bisexual and transgender National Field Director Americans can be open, honest and safe at home, at work and in the community. Kim I. Mills Education Director Cathy Nelson Development Director HRC WORKNET Jeff Sachse President, Capital Campaign The Human Rights Campaign Foundation’s workplace project, HRC WorkNet, is a national David M. Smith source of information on laws and policies surrounding sexual orientation and gender identity Communications Director & Senior Strategist Winnie Stachelberg in the workplace. HRC WorkNet advises employees and employers on the value of workplace Political Director diversity. It collects, analyzes and disseminates information to assist employees and employers in Anthony E. Varona General Counsel and Legal Director implementing policies and procedures aimed at treating gay, lesbian, bisexual and transgender Russel Vert workers equally. For more information, visit the HRC WorkNet website at http://www.hrc.org/ Finance Director worknet, or contact HRC WorkNet at (202) 216-1552 or via e-mail at [email protected]. HRC FOUNDATION BOARD Vic Basile Terry Bean Edith D. Cofrin Human Rights Campaign Foundation, 919 18th St., N.W., Washington, D.C. 20006 Lawrie Demorest phone 202/628-4160 TTY 202/216-1572 fax 202/347-5323 website www.hrc.org Michael Duffy Candy Marcum Tina Podlodowski © 2001 by the Human Rights Campaign Foundation. The HRC Foundation grants permis- Hilary Rosen sion for the reproduction and redistribution of this publication only when reproduced in its Worth Ross Craig Sannum entirety and distributed free of charge. The Human Rights Campaign name and the Equality Andrea Sharrin logo are trademarks of the Human Rights Campaign. THE STATE OF THE WORKPLACE WORKPLACE BISEXUAL AND TRANSGENDER AMERICANS FOR LESBIAN, GAY, 2001 THE STATE OF THE WORKPLACE FOR LESBIAN, GAY, BISEXUAL AND TRANSGENDER AMERICANS 2001 FOR LESBIAN, GAY, WORKPLACETABLE OF CONTENTS EXECUTIVE SUMMARY................................................................................................................................................5 INTRODUCTION ..........................................................................................................................................................7 CHAPTER 1: Government Actions Covering Sexual Orientation Discrimination and Domestic Partner Benefits ............9 Actions at the Federal Level ......................................................................................................................9 Actions at the State and Local Levels ......................................................................................................10 Challenges at the Ballot Box....................................................................................................................13 Challenges in the Courts ........................................................................................................................13 Challenges and Unfinished Business before Legislative Bodies ................................................................14 Equal Benefits Ordinances ......................................................................................................................15 Domestic Partner Registries ....................................................................................................................15 CHAPTER 2: Advances in the Private Sector..................................................................................................................17 Non-Discrimination Policies That Include Sexual Orientation................................................................17 Domestic Partner Benefits ......................................................................................................................18 CHAPTER 3: Transgender Issues in the Workplace ........................................................................................................23 Laws Prohibiting Gender Identity Discrimination ..................................................................................23 Corporations Address Gender Identity ....................................................................................................24 CHAPTER 4: Major Gains and Losses in 2000-2001 ....................................................................................................27 Shareholder Activism ..............................................................................................................................27 Notable Court Cases ..............................................................................................................................28 CONCLUSIONS ........................................................................................................................................................31 APPENDIX 1: Fortune 500 Policies ......................................................................................................................................32 APPENDIX 2: Businesses That Support Passage of the Employment Non-Discrimination Act ............................................37 ENDNOTES ........................................................................................................................................................................38 3 A NOTE ON METHODOLOGY This report covers the period from August 2000 (where the do not categorize employers by market sector. Thus, there are 2000 “The State of the Workplace” left off) through several tables in this report analyzing trends in market sectors August 2001. that rely solely on HRC-compiled data. As a result, they do not provide a complete analysis of all 4,200-plus employers The data in this report come from a variety of sources, with domestic partner benefits; they do, however, point to including: direct reporting to HRC WorkNet (www.hrc.org/ certain trends within market sectors. worknet), the Human Rights Campaign Foundation’s work- place project; news accounts; state and local governments; HRC WorkNet has meticulously compiled and maintained employee resource groups; individuals; and other gay, les- its database over the last seven years. Because the HRC bian, bisexual and transgender advocacy organizations. This WorkNet database is constantly updated and verified, it has report also incorporates information from the glvIndex, a become the most authoritative source of information on rating system developed by Grant Lukenbill and Howard U.S. workplace policies and laws affecting GLBT Americans. Tharsing and recently acquired by the Human Rights However, it is possible (and indeed likely) that employers not Campaign Foundation. HRC WorkNet makes every effort to listed in this report or on HRC’s website have policies regard- check the accuracy of the information it receives. ing GLBT employees. HRC WorkNet encourages readers of “The State of the Workplace” and visitors to its website to With regard to domestic partner benefits, data on more than contact the Human Rights Campaign with any omissions or 3,000 employers were provided by the cities of San errors in any lists. Francisco, Seattle and Los Angeles. Unlike HRC, these cities 4 THE STATE OF THE WORKPLACE FOR LESBIAN, GAY, BISEXUAL AND TRANSGENDER AMERICANS 2001 FOR LESBIAN, GAY, WORKPLACEEXECUTIVE SUMMARY Employers across the country are continuing at a rapid pace to implement policies and programs aimed at treating gay, lesbian, bisexual and transgender workers more equally. Two important bellwethers tracked closely by the Human Rights Campaign Foundation’s WorkNet project — non-discrimination policies and domestic partner benefits — increased markedly during the period covered in this report (August 2000-August 2001). EMPLOYERS AND SEXUAL ORIENTATION have added the benefits so far in 2001 — independent of city NON-DISCRIMINATION POLICIES contracting laws requiring them to do so — than in any year since the HRC Foundation has tracked the trend. As of Aug. 15, 2001, HRC WorkNet had identified 2,001 companies, colleges and universities, state and local govern- The trend toward offering domestic partner benefits is clear- ments and federal agencies that had written non-discrimi- est in the Fortune 500 companies, where America’s largest nation policies covering sexual orientation. This represents companies are increasingly making domestic partner benefits an increase of 293 employers, or 17 percent, in one year. a standard practice. The number of Fortune 500 companies offering DP benefits has more than doubled in the past three At this writing, 294, or 59 percent, of Fortune 500 compa- years, from 61 in 1998 to 145 in 2001. In fact, more nies include sexual orientation in their non-discrimination Fortune 500 companies — 36 — added domestic partner policies. This
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