A 2011 study done by a think tank devoted to LGBT issues revealed that 9.2% of openly gay, lesbian or bisexual workers reported being fired while 38.2% claim they were harassed because of their sexual orientation. The numbers were exponentially higher for transgender employees. And LGBT rights also have made headlines recently in states (notably Indiana) that have enacted so-called Religious Freedom Restoration Acts (RFRAs), which many civil rights activists feel can open the door for businesses to discriminate based on their owners’ religious beliefs.
Protestations by proprietors of a bakery and a pizzeria in Indiana (and businesses in other states as well) against providing services to gay couples created a firestorm and forced Indiana’s Governor Pence to include a clarification to the law that prohibits discrimination against LGBT people on religious grounds.
Whether or not the discussion around RFRAs is a result of the marriage equality debate, the furor surrounding religious freedom serves as a reminder that members of the workforce in many private (and even public) sectors can still be fired just for being gay. While it’s true that many cities, municipalities and corporations have included protections against discrimination for LGBT individuals, 31 states have not.
The issue may not be resolved until the landmark Civil Rights Act 1964 is amended to include LGBT people as a protected class. The irony, according to labor and civil rights activists, is that most Americans believe workplace discrimination against LGBT people is wrong – and already illegal nationwide.