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45 Loy. L. A. L. Rev. 715 (2011-2012)
Evidence of Persistent and Pervasive Workplace Discrimination against LGBT People: The Need for Federal Legislation Prohibiting Discrimination and Providing for Equal Employment Benefits

handle is hein.journals/lla45 and id is 737 raw text is: EVIDENCE OF PERSISTENT AND PERVASIVE
WORKPLACE DISCRIMINATION
AGAINST LGBT PEOPLE:
THE NEED FOR FEDERAL LEGISLATION
PROHIBITING DISCRIMINATION
AND PROVIDING FOR
EQUAL EMPLOYMENT BENEFITS
Jennifer C. Pizer, Brad Sears,
Christy Mallory & Nan D. Hunter*
Lesbian, gay, bisexual, and transgender (LGBT) people have
experienced a long and pervasive history of employment discrimination.
Today, more than eight million people in the American workforce
identify as LGBT, but there still is no federal law that explicitly
prohibits sexual orientation and gender identity discrimination against
them.
This Article begins by surveying the social science research and
other evidence illustrating the nature and scope of the discrimination
against LGBT workers and the harmful effects of this discrimination on
both employees and employers. It then analyzes the existing legal
protections against this discrimination, which include constitutional
protections for public sector workers, court interpretations of Title VII's
* Jennifer C. Pizer is Legal Director and Arnold D. Kassoy Senior Scholar of Law, the
Williams Institute, UCLA School of Law. Brad Sears is Assistant Dean, UCLA School of Law
and Executive Director and Roberta A. Conroy Scholar of Law and Policy, the Williams Institute.
Christy Mallory is Legal Research Fellow, the Williams Institute. Nan D. Hunter is Professor of
Law, Georgetown University Law Center and Legal Scholarship Director, the Williams Institute.
Earlier versions of some material presented in this Article have been presented as testimony
before Congress or made available through the Williams Institute website. BRAD SEARS ET AL.,
THE WILLIAMS INST., DOCUMENTING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION
AND GENDER IDENTITY IN STATE EMPLOYMENT 1-1 (2009), available at http://williamsinstitute
.1aw.ucla.edu/research/workplace/documenting-discrimination-on-the-basis-of-sexual-orientation-
and-gender-identity-in-state-employment/; BRAD SEARS & CHRISTY MALLORY, THE WILLIAMS
INST., DOCUMENTED EVIDENCE OF EMPLOYMENT DISCRIMINATION & ITS EFFECTS ON LGBT
PEOPLE  2   (2011), available  at http://williamsinstitute.law.ucla.edu/research/workplace/
documented-evidence-of-employment-discrimination-its-effects-on-lgbt-people.
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