Employment Discrimination Against LGBT Utahns

The Williams Institute, UCLA School of Law, 2011

University of Utah College of Law Research Paper

20 Pages Posted: 11 May 2017 Last revised: 16 May 2017

See all articles by Clifford Rosky

Clifford Rosky

University of Utah S.J. Quinney College of Law

Christy Mallory

Independent

Jennifer Smith

Independent

M.V. Lee Badgett

University of Massachusetts at Amherst; UCLA School of Law

Date Written: January 1, 2011

Abstract

This report gathers together all existing data on the prevalence of discrimination in Utah to examine how frequently lesbian, gay, bisexual, and transgender Utahns experience employment discrimination based on sexual orientation and gender identity and assess the likely impact of passing a statewide nondiscrimination law. Part I begins by analyzing the data collected through a 2010 survey conducted by Equality Utah, which is the state’s first survey on discrimination based on sexual orientation and gender identity in employment. The data show that employment discrimination on the basis of sexual orientation and gender identity is a pervasive and persistent problem in Utah, as it is in other states. Forty-three percent of the LGB respondents and 67% of the transgender respondents reported that they have experienced discrimination in employment. Part II shows that the results of the 2010 survey are consistent with data gathered from national surveys, U.S. Census data, and reports from state agencies. National surveys indicate that large percentages of LGBT people report discrimination and harassment in the workplace. U.S. Census data show that in Utah, as in many other states, men in same-sex couples earn nearly one-fifth less than men in different-sex marriages, even though men in same-sex couples are more likely to have a college degree. Reports from state agencies indicate that discrimination against LGBT employees occurs as often as discrimination against female employees, and discrimination against transgender employees is even more prevalent. Part III reviews the available data on the passage of statewide nondiscrimination laws in other jurisdictions, in order to demonstrate that passing such a law would have a beneficial impact on Utah employees and employers, without imposing any significant burdens or costs on the state’s enforcement agencies.

Keywords: employment, discrimination, LGBT, empirical

Suggested Citation

Rosky, Clifford and Mallory, Christy and Smith, Jennifer and Badgett, M.V. Lee, Employment Discrimination Against LGBT Utahns (January 1, 2011). The Williams Institute, UCLA School of Law, 2011, University of Utah College of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2965827

Clifford Rosky (Contact Author)

University of Utah S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
(801) 581-7352 (Phone)

Christy Mallory

Independent ( email )

Jennifer Smith

Independent

M.V. Lee Badgett

University of Massachusetts at Amherst ( email )

Amherst, MA 01003-4910
United States
413-545-0159 (Phone)
413-545-2921 (Fax)

UCLA School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

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