Ushiya Bhatti, Senior Legal Analyst
Ushiya works primarily on our US team as a Senior Legal Analyst. She works on a diverse range of complex cases, including matters concerning employment and sexual assault.
Pride Month is a time to celebrate the LGBTQ+ community, reflect on the progress we have made over the years, and continue advocating for inclusion and equality. For business, it presents an important opportunity to ensure employees feel safe, seen, and heard and to evaluate and reinforce their commitment to fostering truly inclusive and equitable workplaces. While public gestures such as issuing Pride-themed statements, updating social media channels, or encouraging employees to include pronouns in their email signatures are a welcome start, symbolic gestures alone do not constitute meaningful support.
In 2020, the U.S. Supreme Court’s decision in Bostock v. Clayton County held that LGBTQ+ employees are protected from being fired, harassed, or otherwise discriminated against due to their sexual orientation or identity as trans. If an LGBTQ+ individual experiences employment discrimination based on their sexual orientation and/or trans identity, they can file a complaint with the Equal Employment Opportunity Commission (EEOC) or pursue legal action in federal court. Claims may also be brought in state courts, depending on the laws of the state in which you live.
Yet legal protections alone are not sufficient. A 2023 report by the Williams Institute found that 47% of LGBTQ+ employees have experienced discrimination or harassment in the workplace, ranging from wrongful termination and missed promotions to verbal, physical, or sexual harassment. The data is even more concerning for transgender and nonbinary individuals and LGBTQ+ people of color, who are nearly twice as likely as other workers to report workplace discrimination. To meet their legal obligations and moral responsibilities, employers must take proactive steps to build inclusive environments where LGBTQ+ employees feel safe, valued, and respected. This is not only essential for avoiding legal liability, but for cultivating a workplace culture where all individuals are empowered to thrive. Every employee deserves to bring their full self to work without fearing that their identity will be marginalized or attacked.
Here are some ways employers can prevent workplace discrimination based on sexual orientation and/or trans identity:
1. Address and Challenge Exclusionary Behaviors
LGBTQ+ employees often encounter microaggressions in the workplace, such as intrusive questions about their personal lives, sexually charged jokes made at their expense, incorrect usage of pronouns, assumptions about gender or relationship status, all of which create a hostile work environment. Employers should implement and regularly update comprehensive non-discrimination and anti-harassment policies. Clear procedures should be in place to allow employees to report concerns safely and confidentially. In addition, organizations should provide regular diversity, equity, and inclusion (DEI) training for all staff, with particular attention paid to the lived experiences of LGBTQ+ individuals.
2. Offer Inclusive Healthcare Benefits
An equitable workplace includes access to healthcare that meets the diverse needs of employees. Employers should ensure that benefit offerings include coverage for gender-affirming care, mental health services provided by culturally competent practitioners, and family planning support, such as fertility treatments. These offerings signal a meaningful commitment to supporting the wellbeing of LGBTQ+ staff.
3. Foster Representation and Mentorship
True inclusion requires visibility and community. Employers can support LGBTQ+ employees by establishing mentorship and sponsorship programs, encouraging the development of employee resource groups (ERGs), and promoting LGBTQ+ representation at senior leadership levels. Creating safe spaces where individuals can share experiences and advocate for change is vital to building an environment of trust and belonging.
Beyond Celebration: Making Pride a Year-Round Commitment
Public displays of support during Pride Month are valuable, but they must be part of a larger, sustained effort to address the systemic barriers LGBTQ+ employees face. Creating an inclusive workplace is not only a matter of compliance, it is a reflection of organizational values and a cornerstone of employee wellbeing and retention.
If your organization is seeking to improve its anti-discrimination policies, or if you are an LGBTQ+ employee who has experienced discrimination at work, our firm offers trusted legal counsel and strategic guidance. We are committed to helping clients navigate these issues with sensitivity, expertise, and care.
If your organization is seeking to improve its anti-discrimination policies, or if you are an LGBTQ+ employee who has experienced discrimination at work, our firm offers trusted legal counsel and strategic guidance. We are committed to helping clients navigate these issues with sensitivity, expertise, and care.