ANTIDISCRIMINATION POLICY

Antidiscrimination Policy Analysis Paper

Antidiscrimination Policy Analysis Paper

Synopsis

The last 30 years have transformed the political and economic opportunities of gays, lesbians, and bisexuals in the U.S. and globally. Evolving social norms, patterns of family formation and social movements have all pushed public and private institutions toward tolerance and acceptance of homosexuality (Weimer & Vining 1992). Americans have become increasingly supportive of civil rights for gays and lesbians and less negative about homosexuality. However, tolerance in the U.S. is still lower than in most European countries and, as in most countries, varies with age, religiosity, and education.

In this context, there have been concurrent changes in the laws and policies governing sexual behavior, family policy, and labor market discrimination (Stone, 2002). In 2003, the U.S. Supreme Court banned state sodomy laws, which had been used to regulate sexual behavior and to limit efforts to expand employment and other rights for gays and lesbians. Massachusetts became the first state to establish marriage for same-sex couples in 2004, and other states have followed or have adopted a variety of civil union or domestic partnership policies (ILO 2009 ; Sherman & Jacobs 2011). Regulations on adoption and foster parenting by gays and lesbians and parenting rights for non-biological parents have continued to evolve within many states (Wald, James and Barbara 1996). And the number of states, counties, and cities with laws prohibiting sexual orientation discrimination in employment, housing, or education has continued to grow over time, though no national protections exist. State and local laws banning discrimination on the basis of sexual orientation have proliferated since the early 1970s, expanding coverage geographically and moving from public to private sector employment.

This paper expands on previous studies of those employment protections by using methods to assess separate and potentially interacting effects of state laws from those passed by cities and counties. The paper reviews several case studies to determine the challenges in antidiscrimination policy implementation, and to determine the enforcement methodologies of any new policies.

Analysis and Research

Support for hiring sexual minorities has increased over time because of changing attitudes and changing characteristics of the population, including in birth cohort and education levels. But about half of Americans still believe that homosexuality is immoral, and evidence suggests that attitudes in support of labor market discrimination persist and vary by demographics and geography (Stone, 2002). For example, support for hiring homosexuals has remained weak for jobs like elementary teacher, elected office, or religious clergy. And surveys of gays and lesbians and their coworkers still consistently produce widespread reports of perceived job discrimination in hiring, firing, evaluation, or promotion (Barclay and Fisher 2003).

Public support for employment protection increased dramatically after the mid-1980s, but support for specific legislative action to enforce equal employment opportunities has varied widely among the general public and among state and local politicians. There has been more support of gay employment rights in urban areas than in non-metropolitan areas, though during the 1990s those in less urban areas became more supportive (Parsons ...