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84 Chi.-Kent L. Rev. 559 (2009-2010)
Bias in the Workplace: Consistent Evidence of Sexual Orientation and Gender Identity Discrimination 1998-2008

handle is hein.journals/chknt84 and id is 571 raw text is: BIAS IN THE WORKPLACE: CONSISTENT EVIDENCE
OF SEXUAL ORIENTATION AND GENDER IDENTITY
DISCRIMINATION 1998-2008
M.V. LEE BADGETT, BRAD SEARS, HOLNING LAU, AND DEBORAH Ho*
EXECUTIVE SUMMARY
This article summarizes social science data published during the past
decade documenting discrimination against lesbian, gay, bisexual, and
transgender (LGBT) people in employment. Over the last ten years, many
researchers have conducted studies to find out whether LGBT people face
sexual orientation discrimination in the workplace. These studies include
surveys of LGBT individuals' workplace experiences, wage comparisons
between lesbian, gay, and bisexual (LGB) and heterosexual persons, analy-
ses of discrimination complaints filed with administrative agencies, and
testing studies and controlled experiments.
Studies conducted from the mid-1980s to mid-1990s revealed that
16% to 68% of LGB respondents reported experiencing employment dis-
crimination at some point in their lives. Since the mid-1990s, an additional
fifteen studies found that 15% to 43% of LGB respondents experienced
discrimination in the workplace.
When asked more specific questions about the type of discrimination
experienced, LGB respondents reported the following experiences that
were related to their sexual orientation: 8% to 17% were fired or denied
employment, 10% to 28% were denied a promotion or given negative per-
formance evaluations, 7% to 41% were verbally/physically abused or had
* M.V. Lee Badgett is the Research Director at The Williams Institute, UCLA School of Law,
and an associate professor of economics at the University of Massachusetts Amherst, where she is also
on the faculty of the Center for Public Policy and Administration. She studies family policy and em-
ployment discrimination related to sexual orientation. Brad Sears is the Executive Director of The
Williams Institute, UCLA School of Law and Adjunct Professor of Law at UCLA School of Law.
Professor Sears researches and writes on sexual orientation law and legal issues impacting the HIV-
positive and disabled communities. Holning S. Lau is the Harvey S. Shipley Miller Law Teaching
Fellow at The Williams Institute, UCLA School of Law. He researches and writes on antidiscrimination
law, international human rights, and children's rights. Deborah Ho is a Policy Fellow at The Williams
Institute, UCLA School of Law.
We thank Darcy Pottle and Gary Gates for their help in preparing the report. The Williams
Institute thanks the Arcus Foundation, the Gill Foundation, and the Evelyn and Walter Haas, Jr. Fund
for their general funding support.

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