Introduction: Lesbians and Work: The Advantages and Disadvantages of âComfortable Shoesâ
Pamela A. Brand
âI know we canât use the word âdyke.â We canât even say âlesbian.â Itâs âwomen in comfortable shoes.ââ1
Being a lesbian did not influence my occupational decisions until 1991. Before that time, I had jobsâpaid work that allowed me to support myself. After coming out at age 24, I was comfortably out to coworkers, including supervisors and subordinates. It was fairly easy for me to be out at work because, by that time, I had developed skills that made me feel secure professionally, and I lived in gay-friendly placesâ mostly the San Francisco Bay Area and, during graduate school, Burlington, Vermont. But those were just jobsânot careers in which I was personally invested.
In 1991 I was finishing a PhD in psychology and applying for academic positions all over the U.S; I was starting a professional career that I expected would occupy the rest of my working life. My curriculum vitae included several gay-related publications and conference presentations. I wondered if prospective employers would notice the topics and assume (in my case, correctly) that I was a lesbian, and whether that would cost me any job opportunities. I consideredâbrieflyâremoving any indications of âqueernessâ from my vitae but decidedâquicklyâto leave them in: I didnât want to work anyplace where sexual prejudice2 would influence hiring decisions. I donât know if that decision was professionally costly, but the alternative would have been much too personally costly. Hiding is too stressful; it takes too much time and energy. And besides, I really like wearing comfortable shoes.
My own experiences, and knowing that many other lesbian, gay, bisexual, and transgendered (LGBT) individuals do not have the freedom to be out at work, has led to this collection of articles and essays that provides a glimpse into the working lives of lesbians. The good news is that being a lesbian appears to be beneficial in some work environments, such as male-dominated careers in which lesbians may be able to fit in as âone of the boys.â The bad news is that being an employed lesbian almost always includes the risk of discrimination and the stress of managing oneâs sexual minority status in heteronormative work environments. However, changing social and political climates bode well for the future.
This collection begins with two articles that paint the U.S. legal and economic landscape for LGBT workers. Although noting the dramatic improvements in recent decades, Margaret Rynikerâs review of legal issues reveals workplace heterosexism: Employers who limit health insurance benefits to legally married spouses discriminate against LGBT employees and their same-sex partners. Although legal challenges to these biased practices have been successful, it should not be necessary for LGBT employees to sue their employers in order to receive treatment equal to that of their heterosexual coworkers. Lawsuits alleging sexual orientation harassment, like those alleging sexual harassment, have been largely unsuccessful: The legal âbarâ is set high, and the standard of proof is difficult to achieve.
Liz Dunne Schmitt provides a thorough and thoughtful review of the economic literature, untangling the research results that sometimes indicate an âearnings premiumâ for lesbian workers relative to their heterosexual counterparts. She notes that LGBT individuals are very difficult to identify in large data sets (e.g., the U.S. census data), and thus research based upon these data sets has fundamental flaws. Moreover, any âearnings premiumâ that lesbians may enjoy is probably offset by discriminatory laws and practices (such as those affecting partner benefits, taxes, and inheritance) that affect economic well-being.
The organizational, social, and political landscape for LGBT individuals has changed, and continues to change, outside the U.S. as well. Fiona Colgan and her colleagues interviewed lesbian workers in the United Kingdom (UK). Their research reveals a wide variety of workplace experiences among lesbians, as well as coping strategies for dealing with heteronormative workplaces. Annett Losert examines heteronormativity and homophobia in German work settings. A central theme in these articles, and others in this collection, is each womanâs decision about whether or not to âcome outâ to her colleagues. Suzanne Johnsonâs essay, âMy Revolving Closet Door,â illustrates her experiences in academia, where she is out to her colleagues but (generally) not to her students. Coming out decisions are not made lightly: each woman must decide for herself whether to reveal her sexual orientation to coworkers. Such decisions are not âonce and doneâ phenomena; the decision is made for each coworker in each workplace. If the woman changes jobs, the decision must be made again for each coworker at the new workplace.
Coming out decisions are influenced by the womanâs assessment of each coworker (âhow is this person likely to respond?â) as well as the organization (âwill I lose my job if I come out?â). This ongoing process contributes significantly to workplace stress, which may influence the womanâs job satisfaction and productivity. Being open about oneâs sexual orientation also increases attributional ambiguity: If a lesbian is not hired for a job, or is denied a promotion, should she attribute the outcome to her gender, her sexual orientation, or her abilities and performance?
Adding race to the mix further complicates the attributional process. Lisa Bowleg and her colleagues examine workplace stress due to race, sex/gender, and sexual orientation. Their research indicates that Black lesbians use three types of coping strategies in the workplace: being âoutâ about their sexual orientation, âcoveringâ their sexual orientation, or confronting and educating their coworkers about sexual prejudice and discrimination.
Because there is the possibility for sexual prejudice in the workplace, Misty Hook and Sharon Bowman adapt two theories of career development to explain lesbiansâ vocational needs and occupation choices, and then recommend vocational counseling approaches when working with lesbian clients. However, lesbian women may not always acknowledge that their sexual orientation influenced their career choices, as Jukka Lehtonenâs research in Finland suggests.
Finally, one article and one essay illustrate ways in which lesbians may have an advantage compared with heterosexual women. Tessa Wright interviewed lesbian firefighters in the UK who are able to fit in comfortably with their male colleagues, who are like âbrothersâ and who treat the women as âone of the blokes.â Laurie Essigâs essay describes her âPeter Pan strategyâ (of being a âboyish woman or womanly boyâ) with which she was able to avoid much of the sexism that her heterosexual counterparts experienced. Instead, she found that older male mentors treated her like âone of the boys,â bestowing upon her a type of âfavored sonâ statusâuntil she became pregnant and reminded them of her femaleness.
Taken together, the articles and essays in this volume document the similarity as well as the diversity among employed lesbians. We all experience the potential for discrimination any time we engage in paid work outside the home: our sexual orientation may cost us a job or a promotion; our partners may not be eligible for benefits granted to married heterosexual spouses; our levels of workplace stress are exacerbated by our need to âmanageâ our sexual identities in heteronormative society. However, we cope in individual ways according to our personalities, experiences, and environmental assessments. And we donât all wear comfortable shoes.
NOTES
1. Robin Williams as Adrian Cronauer in âGood Morning, Vietnam.â Interestingly, a majority of young women in Krakauer and Roseâs (2002) research cut their hair shorter, wore more comfortable shoes, or otherwise adopted a âless traditionally feminine appearanceâ (p. 31) after they came out as lesbians.
2. I prefer the term âsexual prejudiceâ to âhomophobiaâ because âit conveys no assumptions about the motivations underlying negative attitudes [toward homosexual behavior or people with a homosexual or bisexual orientation], locates the study of attitudes concerning sexual orientation within the broader context of social psychological research on prejudice, and avoids value judgments about such attitudesâ (Herek, 2000, p. 19).
REFERENCES
Herek, G. M. (2000). The psychology of sexual prejudice. Current Directions in Psychological Science, 9(1), 19-22.
Krakauer, I.D., & Rose, S.M. (2002). The impact of group membership on lesbiansâ physical appearance. Journal of Lesbian Studies, 6(1), 31-43.
Lesbians Still Face Job Discrimination
Margaret R. Ryniker
The purpose of this article is to illuminate issues of discrimination against lesbians in the workplace. Two areas of litigation involve cases of same sex partnersâ benefits and sexual harassment based on sexual orientation. A number of states have addressed these problems. Generally speaking, the cases seeking to secure healthcare benefits have been successful. Denial of partner coverage economically injures the couple. As marriage is not an available option in most states, same sex partner benefits must be granted to avoid equal protection violations. The cases seeking to protect lesbians from sexual harassment due to sexual orientation have been unsuccessful, like most other sexual harassment lawsuits. Because the standard of proof is difficult to meet, courts appear to be reluctant to grant relief to plaintiffs.
With our current political climate in the United States I become worried about our future and our constitutional rights. As my research for this article progressed, I became more optimistic: Progress is being made. Sometimes it is helpful to step back and review where we were 20 years ago to see how far we have come. For example, in 1985, Bellsouth refused to include the words âgayâ and âlesbianâ in a phonebook advertisement for a bookstore in Atlanta, Georgia. Bellsouth claimed that the terms might upset customers, although the company conceded it had not received any complaints in the previous three years in which the ad had been printed in the yellow pages. When Gene Loring, the bookstore owner, sued Bellsouth, the phone company won. The court held that the phone company was a private company that could control its advertising as it saw fit. This lawsuit had clear economic ramifications for the storeowner. His ad notified people of his businessâ focus: He marketed to gays and lesbians. The phonebook publisher deemed two words, âgayâ and âlesbian,â potentially offensive. The mere possibility of offense in 1985 was sufficient for the phone company, a private business, to deny free speech to a business owner, in spite of the fact that the ad had run for three years prior with NO complaints from anyone! Loring v. Bellsouth Advertising and Publishing Corporation, 177 Ga. App. 307, 339 S.E. 2d 372 (Ga. App. 1985).
SAME SEX PARTNERSâ HEALTH CARE BENEFITS
A number of states have addressed the issue of same sex partnersâ health benefits. In Alaska Civil Liberties Union v. State of Alaska and City of Anchorage, the court found for the plaintiffs, nine lesbian couples, who were seeking health insurance coverage for their partners. The plaintiffs claimed that restricting coverage to married spouses violated their right to equal protection under the Alaska Constitution. As same-sex couples, state law prevents their marriage.1. Although they were in intimate, committed, and loving long-term relationships with their samesex domestic partners, they were not eligible for the same employment benefits the defendants provide to married couples, which denied the individual plaintiffsâ right to equal protection. The court ruled that
The plaintiff employees consequently cannot enter into the formal relationshipâmarriageâthat the benefits programs require if the employees are to confer these benefits on their domestic partnersâŚHeterosexual couplesâŚhave the opportunity to marry and become eligible for benefits. In comparison, because of the legal definition of âmarriage,â the partner of a homosexual employee can never be legally considered as that employeeâs âspouseâ and, hence, can never become eligible for benefits. We therefore conclude that the benefits programs are facially discriminatory.â Alaska Civil Liberties Union v. State of Alaska and City of Anchorage, 122 P.3d 781 (2005)
The Supreme Court of Alaska clearly supported the lesbiansâ right to equal protection under the law: Because lesbians cannot marry one another in Alaska, they should be able to include their partners under their health insurance coverage.
A similar case was decided by the Court of Appeals of Oregon, Tanner v. Oregon Health Sciences University (OHSU). The case involved a number of lesbians who worked at an Oregon state hospital, and who wanted to include their partners under their health care benefits. The hospital and the State sought to avoid giving coverage to the lesbiansâ partners. The Court stated, in part,
âŚthere can be no question but that the effect of OHSUâs practice of denying insurance benefits to unmarried domestic partners, while facially neutral as to homosexual couples, effectively screens out 100 percent of them from obtaining full coverage for both partners. That is because, under Oregon law, homosexual couples may not marry âŚ
Stated perhaps more plainly, we must determine whether the fact that the domestic partners of homosexual OHSU employees who cannot obtain insurance benefits can be justified by their homosexuality. The parties have suggested no such justification, and we can envision none. OHSUâs defense is that it determined eligibility for insurance benefits on the basis of marital status, not sexual orientation ⌠That reasoning misses the point, however. Homosexual couples may not marry. Accordingly, the benefits are not made available on equal terms. They are made available on terms that, for gay and lesbian couples, are a legal impossibility. We conclude that OHSUâs denial of insurance benefits to the unmarried domestic partners of its homosexual employees violated Article I, Section 20, of the Oregon Constitution and that the trial court correctly entered judgment in favor of plaintiffs on that ground. Tanner v. Oregon Health Sciences University, 157 Or.App. 502, 971 P.2d 435 (Or.App. 1998)
In Tanner the court did not find sex discrimination but the Court did find that the denial of benefits amounted to violation of the privileges and immunities clause of the Oregon Constitution. Oregon granted the plaintiffsâ request for health care benefits for same sex partners.
The Supreme Court of Montana also ruled in favor of lesbians who sued their employer, the Montana University System, for same sex partnersâ health care coverage. In 2004 the Court held that the universityâs policy denying insurance coverage to lesbian partners violated equal protection. Snetsinger v. Montana University System, 325 Mont. 148, 104 P.3d 445 (2004).
Each of these cases involve same-sex couples in which one partnerâs employer refused to extend benefits to the employeeâs partner because the couple was not married. These cases economically discriminated against lesbian and gay couples by denying them benefits that have been taken for granted for years by married heterosexual couples. Thus, the issue of gay marriage is central to each of these cases. Vermont examined this issue in 1999 in the case of Baker v. State of Vermont. The main issue in that case was
[W]hether the exclusion of same-sex couples from the benefits and protections incident to marriage under Vermont law contravenes Article 7. The first step in our analysis is to identify the nature of the statutory classification. As noted, the marriage statutes apply expressly to opposite-sex couples. Thus, the statutes exclude anyone who wishes to marry someone of the same sex⌠We hold only that plaintiffs are entitled under Chapter I, Article 7, of the Vermont Constitution to obtain the same benefits and protections afforded by Vermont law to married opposite-sex couples âŚ
The past provides many instances where the law refused to see a human being when it should have. See, e.g., Dred Scot, 60 U.S. at 407 (concluding that African slaves and their descendants had âno rights which the white man was bound to respectâ). The future may provide instances where the law will be asked to see a ...