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Our Stories: Workplace

Every Texan should be able to work regardless of sexual orientation or gender identity.  Equality Texas supports legislation prohibiting discrimination in employment based on race, color, disability, religion, sex, national origin, age, sexual orientation, gender identity, or marital status.

The goal of Our Stories: Workplace is to educate the public about workplace nondiscrimination laws in Texas.  Inclusive nondiscrimination policies make good business sense.  461 of the Fortune 500 companies (92%) have such polices in place.  However, the Texas Labor Code does not prohibit workplace discrimination based upon sexual orientation, gender identity, or marital status.

Overview:

Texas employment law does not prohibit workplace discrimination and/or termination based on sexual orientation, gender identity, or marital status.

Issues:

  • It is a fundamental American and Texan value that people who do their jobs, pay their taxes, and contribute to their communities should not be singled out for workplace discrimination. Yet, there is no statewide law to prohibit discrimination in the workplace on the basis of real or perceived sexual orientation or gender identity/expression.
  • A majority of fair-minded people do not realize that in most of Texas a gay, lesbian, bisexual, or transgender person can be legally fired because of their sexual orientation or gender identity.
  • The following Texas cities have nondiscrimination ordinances in place for LGBT employees:
    • Austin (1981, 2004) - Sexual orientation and gender identity protection covering employment, housing, and public accommodations.
    • Fort Worth (2000) - Sexual orientation protection in employment, housing and public accommodations.
    • Houston (2001) - Sexual orientation and gender identity protection covering city employees, city contracts, and city facilities/services.
    • Dallas (2002) - Sexual orientation protection covering city employment, housing and public accommodations.
    • El Paso (2003) - Sexual orientation and gender identity protections covering public accommodations only.

 

Equality Texas Position: 

  • Equality Texas supports legislation prohibiting discrimination in employment based on race, color, disability, religion, sex, national origin, age, sexual orientation, gender identity, or marital status. Equality Texas supports extending nondiscrimination laws to all Texans, including Texas state employees.
  • Texas should prohibit workplace discrimination on the basis of sexual orientation, gender identity, and marital status by adding sexual orientation, gender identity, and marital status to Texas' workplace nondiscrimination laws. Texas legislators should add sexual orientation, gender identity, and maritial status to the definitions of unlawful employment practices by an employer, employment agency, or labor organization in Title 2 of the Texas Labor Code, Chapter 21, §21.051, §21.052, and §21.053, respectively.
  • In Texas it is already illegal to discriminate on the basis of race, color, disability, religion, sex, national origin or age.  It is now time to add sexual orientation and gender identity to this list. 17 states have already passed laws prohibiting employment discrimination on the basis of sexual orientation.
  • Passing a law to prohibit workplace discrimination on the basis of sexual orientation and gender identity would not create quotas for hiring gay or lesbian employees.  It would not endorse any specific belief, practice, behavior, or orientation.  Adding sexual orientation and gender identity would simply guarantee that no Texan, gay or straight, is discriminated against on the basis of his or her sexual orientation or gender identity.
  • The fact that Texas does not have a law prohibiting workplace discrimination on the basis of sexual orientation is a true impediment to the efforts of Texas employers and institutions of higher education to recruit top professionals, professors and students.
  • Inclusive nondiscrimination policies make good business sense. 92% of the nation's Fortune 500 companies have such policies in place, including nine of the top 10 (only ExxonMobil does not).
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    Equality Texas Action:

    • Work to advance legislation adding sexual orientation and gender identity to the Employment Discrimination chapter of the Texas Labor Code.  In 2005, three (3) nondiscrimination bills were submitted and included various prohibitions of sexual orientation and/or gender identity discrimination. Though none of the bills were passed, progressive legislators continue to advocate for comprehensive nondiscrimination laws.
    • Coordinate lobby days and district lobby efforts to effectively communicate the personal stories of LGBT individuals.
    • Research and publish the employment practices of Texas businesses. Supplementing HRC's Corporate Equality Index, Equality Texas will identify Texas businesses and corporations that have implemented fair employment practices, including nondiscrimination policies and domestic partner benefits. This information will be used to educate our supporters and legislators of progressive businesses in their districts.
    • Encourage LGBT employees who have experienced discrimination to tell their stories and to educate the public and legislators about the harmful impact of inadequate nondiscrimination laws.

    Calling You to Action:

    • Your story can help shape public policy in Texas.

      • Does your employer (please identify) have a formalized nondiscrimination policy?
      • If yes, does the nondiscrimination policy include sexual orientation?  Does it include gender identity?
      • What is your employer's commitment to workplace diversity?  How is such a commitment demonstrated?
      • Does your employer provide domestic partner benefits?
      • Have you ever experienced workplace discrimination based upon sexual orientation or gender identity?
      • If yes, how was the matter resolved?  How were you affected personally?
      • You may type freely in the text box on the previous page, or cut and paste from an MS Word document.  Maximum of 3,300 characters.

      Read Equality Texas Policy Statement

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