By Jim Patterson
LGBTQ workers still face employment discrimination 50 years after landmark series
In 1963 a New York tabloid ran a six-part series on Sex and Laws. The series was motivated by many factors including sex scandals at the United Nations, increased public health problem of venereal disease, increased number of sex workers, workplace discrimination, and availability of pornography.
“Those Who Are Different” dealt rather frankly and honestly with the problems of New York City’s then estimated 400,000 homosexuals. Prime among those problems were employment concerns. Over 50 years later, employment concerns continue to hinder the careers of LGBTQ workers in many states.
In the 1963 article, a gay activist, using a false name for his job safety, described a “crucial case” involving employment in Washington, D.C. “It involves a middle-aged wage and hours expert who was recently denied a Civil Service post, after scoring highest on a competitive exam, on grounds he was a practicing homosexual,” according to the article.
Of course federal job disqualification for sexuality could not legally happen now with Civil Service and Foreign Service protections for LGBTQ government employees. Similarly, not even medical conditions or disabilities could legally prevent a qualified applicant from being appointed to a government position. Most corporations adopted non-discrimination policies long before government.
In 1963 in New York and across the country homosexuals were prosecuted for “crimes against nature,” aka sodomy. It took 40 years for the U.S. Supreme Court in the landmark Lawrence v. Texas to find a Constitutional right for private sexual activity for the LGBTQ community. Lawrence invalidated sodomy laws in the few other states which upheld them.
The gay “source” for much of the 1963 article used a false name because “[h]e believes that if he were found out it would cost him his job.” Still, the 1963 activist believed if people from “the bus driver to the Broadway producer” were to “honestly present his case” [to his employer] “he can win public understanding and support.”
Was the 1963 activist successful in getting closeted gays to come out in hopes of “public understanding and support?” No. He told the newspaper, “Most homosexuals have settled for a minimum goal of non-harassment—or they function in areas like the arts where they are accepted.”
If that 1963 message sounds depressing, the activist concluded with, “It’s useless to try to change the ‘straight world,’” is the typical attitude of this group.”
The “straight world” has changed since 1963, just not enough. At that time, a “sustained gay relationship” was jokingly referred to as a “marriage.” Depending on what U.S. Supreme Court Chief Justice John Roberts and his Associate Justices decide, same-sex marriage may be a national legal reality within days.
Marriage equality from coast to coast will be major progress. Yet, as our African American colleagues and fellow freedom fighters tell us, “With progress comes resistance.” The fight for equality won’t be over.
Workplace discrimination still happens to African Americans as we can see from frequent press accounts. It continues to happen unabated to millions of LGBTQ workers in states that refuse to grant employment protections. The Employment Non-discrimination Act, in Congressional limbo since the 1990s, is needed now more than ever to end the historic income inequality forced on the LGBTQ community by uncaring, bigoted employers.
More work is needed to “change the straight world” when it comes to expanding employment protections to workers based on their sexuality. It has proven a tough sell from the 1960s to today. Only 18 states offer such employment protections.
When will legalized discrimination against LGBTQ workers end in the remaining 32 states? When LGBT members of Congress and their straight allies get to work and impress upon their opposing members the fundamental importance of workplace fairness and the need for a national law to protect same-sex families.
Economic prosperity, workplace fairness and a chance at the American Dream are the best wedding gifts same-sex families could get from Congress. Congress should deliver them this year.
About Jim Patterson: Human Rights Advocate Jim Patterson is a writer, speaker, and lifelong diplomat for dignity for all people. In a remarkable life spanning the civil rights movement to today’s human rights struggles, he stands as a voice for the voiceless. A prolific writer, he documents history’s wrongs and the struggle for dignity to provide a roadmap to a more humane future. Learn more at www.HumanRightsIssues.com
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