Non-discrimination policies don't protect gay employees

In 39 states, including South Carolina, gay employees have no legal protection from discrimination.

"It's legal to be fired simply for being gay or lesbian," says Linda Ketner, president of the board of directors for the Alliance for Full Acceptance, an organization working for equality for gays, lesbians, bisexuals and transgender persons in South Caroina. "Some 42% of adults believe federal law prohibits job discrimination based on sexual orientation," says Ketner. "It doesn't."

Mary Snead, director of technical services and training for the South Carolina Human Affairs Commission, which handles discrimination issues for the state, explains, "On the Federal level, Title VII of the 1964 Civil Rights Act prohibits discrimination based on race, religion, sex, national origin, age and disability. The South Carolina Human Affairs laws mimic the Federal laws to allow state level action. There is no law prohibiting discrimination based on sexual orientation at this time."

The Employment Non-Discrimination Act, proposed legislation in the U.S. House and Senate, would extend protection to sexual orientation. ENDA would not apply to small businesses with fewer than 15 employees, to religious organizations or to the Armed Forces. Also, ENDA does not provide special treatment, quotas or affirmative action impositions.

Based on recent studies, Americans support ENDA. A June Gallup Poll reported 85% of respondents support equal opportunity in employment for homosexuals. A nationwide Harris Interactive study, also done in June, showed 61% of Americans support equal legal protection from job discrimination based on sexual orientation.

According to Snead, if enacted, ENDA's effect on S.C. businesses would depend on many factors, including business size, public or private status and corresponding state law.

"My guess is that eventually ENDA will pass," says Snead, who leads prevention training seminars for public and private employers. "But, like anything controversial, it may take a while."

Though it is not required, over 50% (267) of the Fortune 500 companies include sexual orientation in non-discrimination policies, according to data from the Human Rights Campaign, a national bipartisan nonprofit organization that works to advance equality.

In South Carolina, only five employers are known to include sexual orientation in their non-discrimination policy, two of which are the City of Columbia and the City of Charleston.

"We don't discriminate and we're not going to tolerate anyone else doing it either," says Althea Purnell, chief human resources officer and director of human resources and organizational development for the City of Charleston. Purnell wrote the City's first equal employment opportunity policy program in 1998, which included sexual orientation. In 2001, anti-discrimination and anti-harassment policies incorporated sexual orientation.

Non-discrimination based on sexual orientation was first taught in City of Charleston employment orientation in June 1998. Purnell says the primary question from supervisors on the topic is "What do I do when this happens?"

The City of Charleston began teaching sexual orientation non-discrimination in June 1998. Purnell notes introducing the topic in orientation and training can provoke tension, but it's worth it.

"This is a policy that has been tried and true," Purnell says, referring to an employee who was terminated for comments determined to be harassing. "Only one problem in three years with 17,000 employees is pretty good."

"We have introduced a mindset of respecting differences," she says.