LGBT discrimination lawsuits may rise where protections are lacking

Dive Brief:

When the U.S. Supreme Court gave LGBT Americans the legal right to marry last year, it seemed that for employers the decision would settle things down and clarify things a bit. But that didn't quite happen, according to Fortune.
Despite approximately 123,000 same-sex marriages since the ruling (according to Gallup), it remains completely legal to fire LGBT employees in 28 states that offer no protection for job or housing discrimination to LGBT workers.
That's a problem for employers operating in those 28 states, Fortune explains. According to a survey from Littler, the employment law firm, about 75% of business owners polled in those states fear discrimination claims by LGBT workers will rise within the next year, compared to only 31% who felt that way just a year ago.

Dive Insight:

Mark Phillis, a Littler Mendelson shareholder and co-chair of its diversity and inclusion council, says affected employers need to heed their own concerns. For one thing, the EEOC quickly issued guidance suggesting the federal Title VII provision would extend to provide workplace protections based on sexual orientation and gender expression. That move added sexual orientation to other prohibited employment discrimination classes such as race, color, religion, sex, national origin and Americans with disabilities.

Phillis offers some suggestions to help minimize the odds of a discrimination lawsuit, including reviewing EEOC anti-harassment policies, with the thought of a non-discrimination clause specific to employees based on sexual orientation and gender identity or expression. Also, include LGBT employees as potential victims in anti-harassment training programs too.

While it may seem small, another basic step is to modernize employee handbook language, swapping out the words "husband" or "wife" with "spouse," for example.

By following some good faith, easy-to-implement strategies and training programs, employers can give themselves a better chance to defend themselves in court, should the time come. Of course, it's also good for the overall culture as well – a strong message that discrimination in any form against all employees won't be tolerated.