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May 3rd, 2011 - Heide Brandes

LGBT = A-OK


Study suggests Oklahoma needs to include gender identity and sexual orientation to its nondiscrimination laws


 

Although many companies in Oklahoma have policies in place to protect all employees from discrimination, a recent study shows it falls behind in protecting lesbian, gay, bisexual and transgender – or LGBT – employees in the workplace.


Williams Institute at UCLA School of Law research found that LGBT Oklahomans face harassment and discrimination at work due to their sexual orientation, and that the state would benefit from adding gender identity and sexual orientation to its existing nondiscrimination laws.

“We found that discrimination is happening in Oklahoma,” says study coauthor Christy Mallory, “and employees have no way to address these complaints.”

State businesses employ between 43,000 and 57,000 lesbian, gay and bisexual people, and 6,800 transgender people, according to the study. A Tulsa survey showed 22% of the LGBT community experienced employment discrimination due to sexual orientation.

“They can be fired, not hired, demoted, given unpleasant tasks … it happens around the time they ‘come out.’ Usually, however, they do not come out at work,” Mallory says. “They aren’t flaunting their sexuality in the workplace, but sometimes a co-worker will see them out with their partner.”

In addition, the study states that gay and lesbian employees suffer from lower wages and earnings than heterosexuals.

FAIR GAME Several notable Oklahoma corporations have nondiscrimination policies in place for all employees, including LGBT workers. In some cases, like at Chesapeake Energy in Oklahoma City, same-sex couples also are entitled to benefits. Sondra Allen, Chesapeake’s coordinator of media relations, said the company doesn’t “feel our policies are that extraordinary.”

She may be right. Corporations including OKEOK Inc., Devon Energy Corp., OGE Energy Corp. and the Williams Companies Inc. have policies in place, as well.

“We want to be a great place to work for all people. In order to do that, you have to embrace diversity,” says Brian Alford, OGE spokesperson. “But it takes continual work and effort to live what you have on paper.”

Still, no state law yet exists to prohibit discrimination based on sexual orientation.

“A state law would give those employees a way to address discrimination issues outside their workplace in a way that would make them feel comfortable about coming forward,” Mallory says.

Yet, according to Holly Cole, Oklahoma City Equal Employment Opportunity Commission director, few complaints come in claiming sexual orientation discrimination.

“On sexual orientation complaints, I would say we do not see a lot of those kinds of claims,” she says. “But the mission of the EEOC is to eliminate discrimination in the workplace.”

On the other hand, the study’s authors find that including sexual orientation and gender identity in Oklahoma’s nondiscrimination law would result in an increase of 21-29 complaints a year.

“Something that stood out about Oklahoma to us was that Oklahoma had criminalized same-sex sexual conduct until 2003 when the Supreme Court overturned those laws,” Mallory says. “Oklahoma also had a law until the mid-’90s that mandated the dismissal of LGBT teachers. That really shows the climate we’re working with in Oklahoma.”

 
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