Both Sides Argue Reality of Job Bias Against Gays
Memphis Commercial Appeal
By Daniel Connolly
June 3, 2009

Some say discrimination not a problem

Some opponents of a Shelby County measure meant to block job discrimination against gays, lesbians, bisexuals and transgender people said there's little evidence that such discrimination actually happens.

But advocates say job discrimination is a harsh reality and that gays, lesbians, bisexuals and transgender people are also targets of violence. Shelby County Commissioner Steve Mulroy, who sponsored the original resolution, listens to a debate about discrimination against gays, lesbians and transgender people during a meeting.Karen Pulfer FochtThe Commercial Appeal

This difference of opinion was a running theme throughout days of debate on the topic, which culminated with passing a more generic resolution against discrimination for factors unrelated to job performance.

Constance Houston, 54, one of dozens of citizens who spoke at the County Commission meeting on Monday, said she's against homosexuality on religious grounds but doubted gays are discriminated against.

"There's no discrimination here in Memphis. None, whatsoever," said Houston. She added that workers should keep their sexuality to themselves on the job. "Keep whatever you do in your bedroom," she said.

Commissioner Steve Mulroy, who sponsored the original resolution, said the small number of complaints is "completely unsurprising" -- why would employees make such a claim when law doesn't support them?

The resolution that passed on Monday doesn't include the words "gay" or "lesbian," but the records of the legislation make it clear that this was the context, and the measure could help county workers fired on the basis of sexual orientation or gender identity to win back their jobs in civil service hearings or appeals to Chancery Court, county attorney Brian Kuhn said.

Now the question is whether there will be more complaints.

Mulroy points to evidence that suggests there will be. He cited a November report from the Williams Institute, a think tank on gay issues at UCLA school of law. The study says that in the District of Columbia and 20 states that prohibit employment discrimination based on sexual orientation, there were five complaints for lesbian, gay and bisexual workers, a rate just under the seven per 10,000 number of race-based employment discrimination claims.

"I think that shows that there is discrimination of this type around the country," Mulroy said. "I can't imagine that this would stop at the Tennessee border."

The report, based on surveys of state administrative agencies, also said there was little evidence a flood of claims based on sexual orientation would overwhelm agencies.

Sharon Gayle Horne, an associate professor of counseling psychology at the University of Memphis, cited her own research, which found that about one in four gay, lesbian, bisexual and transgender Tennesseans said they'd been discriminated against in housing, services or employment. More than one in 10 reported a physical attack in their lifetime.