Subj: Discrim Fact Sheet 93-04-23 01:43:44 EDT From: NGLTF NGLTF Policy Institute 1734 14th Street, N.W., Washington, DC 20009-4309 (202) 332-6483; FAX (202) 332-0207; TTY (202) 332-6219 Without civil rights legislation that expressly includes protection based on sexual orientation, gay men and lesbians face overt acts of discrimination with no legal recourse. Gay people can legally be fired, kicked out of their apartments and refused service at a restaurant or hotel all based on their sexual orientation. Legislation to ban discrimination based on sexual orientation has been passed or is pending in various jurisdictions. A number of groups and local jurisdictions have conducted surveys on the incidence of anti-gay/lesbian discrimination. Results from 21 different local discrimination surveys conducted between 1980 and 1991 reveal that between 16 and 44 percent of the respondents faced some form of discrimination in employment due to their sexual orientation. Discrimination included being fired, not being hired, not being promoted, getting harassed at work and fearing reprisals if their sexual orientation were known. Significant percentages of respondents reported discrimination in housing due to their sexual orientation, such as discrimination in getting a mortgage (one to three percent) and in renting a housing unit (eight to 32). Between 40 to 72 percent of the respondents concealed their sexual orientation to avoid discrimination in housing. Discrimination surveys reveal a range of problems with regard to public accommodations: between four and 30 percent of the respondents have faced discrimination in public restaurants; five and 27 percent in hotels/motels; six to 16 percent in bars or nightclubs; eight to 24 percent in general public accommodations due to their sexual orientation. Between 46 and 80 percent feared discrimination or concealed their sexual orientation to avoid discrimination in public accommodations. The surveys also reveal between five and 24 percent of the respondents faced discrimination based on their sexual orientation in health services; three to five percent in credit; two to 28 percent in child custody battles; 13 percent in obtaining insurance; and between seven and 18 percent in education. (Source: "Pervasive Patterns of Discrimination Against Lesbians and Gay Men: Evidence from Surveys Across the United States," NGLTF Policy Institute, 1992) JURISDICTIONS WITH CIVIL RIGHTS PROTECTIONS BASED ON SEXUAL ORIENTATION: More than 130 jurisdictions (cities, counties and states) in the U.S. have passed some form of legislation that bans discrimination based on sexual orientation. Seven states (Wisconsin, Connecticut, Massachusetts, Hawaii, New Jersey, Vermont and California) have passed comprehensive statewide laws banning discrimination based on sexual orientation in one or more of the following areas: public employment, public accommodations, private employment, housing, education, credit and union practices. At least 14 states have issued executive orders banning discrimination based on sexual orientation in public employment only. At least 71 cities and counties have passed comprehensive civil rights laws banning discrimination based on sexual orientation in one or more of the above mentioned areas. At least 41 other cities and counties have issued proclamations banning discrimination based on sexual orientation in public employment only. (Source: "Gay and Lesbian Civil Rights in the U.S.," NGLTF Policy Institute, 1993) THE FEDERAL GAY AND LESBIAN CIVIL RIGHTS BILL: The federal effort to enact equal protection for lesbian and gay people has been underway since 1975 when then-Congresswoman Bella Abzug (D-NY) introduced the first federal lesbian and gay civil rights bill. The legislation has been reintroduced into every Congress since that time. The legislation, officially known in 102nd session of Congress as the Civil Rights Amendments Act of 1991, would have banned discrimination on the basis of sexual orientation in the areas of housing, employment, public accommodations, credit and federally-assisted programs. The bill numbers were S 574 in the Senate and HR 1430 in the House. The legislation would not provide for affirmative action and would not establish "special or additional rights" for gay people. By the end of the 102nd Congress, there were 16 co-sponsors of S 574 and 110 co-sponsors of HR 1430. Passage of the federal gay and lesbian civil rights bill would make obsolete several well-publicized discriminatory incidents such as the Cracker Barrel restaurant chain's policy that requires the termination of employees "whose sexual preferences fail to demonstrate normal heterosexual values." Since February 1991, at least one dozen gay employees with sterling work evaluations have been fired with no legal means of challenging their termination. Passage of the federal bill would also pre-empt anti-gay statewide laws such as Amendment 2 in Colorado. Far Right organizations have mobilized statewide campaigns in about a dozen other states to introduce Colorado-style anti-gay initiatives. The NGLTF Policy Institute Civil Rights Project provides advocacy and technical assistance on the grassroots level to help activists secure local and state civil rights protections. For further information, contact Civil Rights Project Director Tanya Domi, (202) 332-6483. For information about organizing against anti-gay statewide initiatives, contact Scot Nakagawa, NGLTF Fight the Right organizer, at (502) 221-0115 or write him at 522 SW 5th Ave., Suite 1375, Portland, OR 97204. Copyright 1993 NGLTF Policy Institute