When the Supreme Court legalized same-sex marriage in 2015, the relationship between social institutions and the LGBTQ+ community experienced major shift. Employers are now continuing to navigate policy change while creating a safe environment for all employee backgrounds. Here are some things to keep in mind when creating an LGBTQ+ inclusive workplace:
Federal Law and LGBTQ+ Workplace Protection
Current federal law (The Civil Rights Act of 1964 Title VII) bans employers from discriminating against race, color, religion, sex, and national origin. However, the law does not explicitly state protection of sexual orientation. In October of 2019, the Supreme Court accepted three cases to review deciding whether The Civil Rights Act implied sexual orientation. As of this blog post’s date, there has yet to be an official ruling.

Creating Workplace Inclusivity (Because it Benefits You and Your Team)
Regardless of federal law, an accommodating workplace environment will benefit your team long-term.
A Williams Institute study showed that LGBTQ+ employees who feel supported are more likely to have job satisfaction, better health, and decreased anxiety. With nearly 5% of the U.S. adult population identified as LGBTQ+, inclusivity is even more prevalent today. Keeping this in mind, here are some ways you can start creating a more LGBTQ+ inclusive environment:
-> Providing Restroom Access
Under OSHA, employers must at minimum provide reasonable access to a restroom. Your company might not have resources for a multiple-stalled LGBTQ+ restroom as accommodation. In the meantime, the simplest option is having a designated gender-neutral and single-stalled restroom. Many buildings already provide this, and it is a practical way to meet everyone’s basic needs.
-> Expressing Specific Policies
Many employers choose to specify their policies. They express sexual orientation as no means for harassment, discrimination, or lack of equal opportunity. This is a great way to show employees your awareness of today’s social landscape and its impacts on workplace wellbeing.
-> Extending Benefits
LGBTQ+ employees might have difficulty gaining access to benefits such as healthcare or family/medical leave. For example, many families lack legal ties to one another denying them access to family leave. Inclusive benefits can help your LGBTQ+ employees feel supported both in and outside of work.
-> Providing Diversity Training
46% of LGBTQ+ employees hide their identity at work. Prioritizing diversity training for the entire team can break the isolation LGBTQ+ employees may feel. This also helps educate your team on how to foster a safe space for all kinds of workplace diversity.
HR Consulting for Workplace Inclusion and Beyond
With the complexity of federal and state laws, employers may feel overwhelmed with where to start. To ease the confusion, EmployNomics can offer resources to help you create a well-functioning and healthy workplace. Use the contact form below for more information on how to outsource trained, licensed, and certified HR professionals for your business.

