In 29 States, You Can Be Fired for Being Gay

All the recent coverage of gay marriage and “Don’t Ask Don’t Tell” fails to mention what’s possibly an even bigger issue for LGBTQ people: there’s no federal law banning employers from discriminating against workers on the basis of their sexuality or gender identity.

Some states and cities have passed their own laws banning such discrimination, but in 29 states it’s still legal to fire, demote, harass, or otherwise discriminate against someone just because they’re gay, lesbian, bisexual, or queer, and in 34 states it’s legal to do so only because they’re transgender. 

 States that prohibit discrimination based on sexual orientation and gender identity. (16 states and D.C.)

 States that prohibit discrimination based on sexual orientation alone. (5 states)   (from HRC)

So, if you’re a bartender in Texas and you get a new manager who decides you’re too flamboyant for the more macho image he’s looking for, he can fire you without question.

(If you’re being discriminated against or harassed at work because of your sexuality or gender identity and you do live in a state or city that has a law, you should contact your state’s anti-discrimination office to get more info on enforcing your rights at work)

You might say, “Oh, well there’s no law but I’m sure no one would actually do that. There are other laws protecting people from getting fired for no reason.” Wrong. Unless you’ve got a union contract , you’re an “at-will” employee, meaning your boss can fire you at any time for a good reason, a bad reason, or no reason at all. There’s a small list of things they can’t fire you for—your race, age, sex, disability status, opinion toward a union, etc.—but being LGBTQ isn’t one of them.

If you think anti-gay discrimination at work isn’t a big deal, you’re probably not LGBTQ and you probably work in a cushy middle or upper class work environment. Hotels and restaurant workplaces are intensely homophobic, and anyone who works in one hears LGBTQ people harassed and discriminated against daily. I’ve heard “fag” said more in kitchens than anywhere else.

Consider one study from the American Journal of Sociology. Two almost identical resumes were sent to around 1700 entry-level job openings. The only difference between the resumes is that one mentioned the applicant belonged to a gay organization in college, while the other listed an unoffensive organization as a control. The results showed that the resumes with the gay organization received a 7.2% callback rate, while those without the organization got an 11.5% callback rate. The difference in callback rates was much higher in states without anti-discrimination laws, like Texas, Ohio, and Florida. Remember: that difference occurred only from casually listing being a member of a gay organization. You can imagine how much greater the gap is when an interviewer decides an applicant “seems gay.” 

In another study, the National Center for Transgender Equality conducted a national survey and found that 90% of transgender people harassment, mistreatment, or discrimination on the job.

And a heartbreaking example from the Human Rights Campaign:

KIMYA Michigan


“Kimya has a master’s degree in social work and nearly two decades of experience in the field. She was the manager of a unit of a long-term care facility for sufferers of Alzheimer’s and dementia. She enjoyed her job, and was good at it, but suffered through nearly a year of threatening messages, vandalism to her car and slurs uttered in the halls. In 2003, she was fired, her supervisors telling her, “This would not be happening if you were not a lesbian.” Kimya sought out legal help, but quickly learned that nothing in Michigan law protected her from being fired because of her sexual orientation.”

There’s a bill in congress right now, the Employment Non-Discrimination Act (ENDA), that would ban discrimination based on sexuality and gender identity. In fact, it’s been proposed in congress every year (except once) since 1994 and has somehow been shot down every time. The current EDNA bill has been expanded to include protections for transgender people and has been proposed in the house by Rep. Barney Frank and in the senate by Jeff Merkley. 

Laws don’t end discrimination. Discrimination based on race and sex obviously continues despite laws against it. But the law gives us another tool, and we need every tool we can get.  

Bosses Bully Worker into Quitting at the Marriott Courtyard, Cincinnati Airport (Cincinnati, Ohio)

By an Anonymous Front Desk Worker at the Marriott Courtyard, Cincinnati Airport

I worked at the Courtyard Marriott Cincinnati Airport for nearly 3 years. Out of the 6 Front Desk employees I had been there the longest. I worked constantly, to the point where I have never been to a bar or club, or been able to make any sort of vacation plans with my family due to my schedule. Most days I would come into work at 3pm not leave until 7am and then be right back in again at 3pm. I never had a lunch break, but they took a half hour out of my pay everyday. I have a medical condition with my back, and yet they refused to let me sit or have a padded mat to stand on.

Just today I was forced to quit without having any other job lined up. For the past month I have been actively searching, but nothing has come up. My Assistant G.M. pulled me into a small sitting area in our Lobby and proceeded to yell at me for having a “bad attitude.” The reason for this “bad attitude” was the fact that he had cut my pay by taking me off of the 3rd shift I loved. For the past month, they had been slowly giving the shift to a newer, lower-paid employee. So yes, I was not to happy to be coming into work day after day for a lower-paying shift. He then told me I would never be allowed to be on 3rd shift because I didn’t do my job correctly—an obvious lie to cover up that they wanted a cheaper, more inexperienced employee.

After the Assistant G.M. chewed me out, the G.M. came over and proceeded to scream at me, telling me that I’m “worthless” and that my employment at the hotel was “pointless.” Before this, they would tell my fellow co-workers that they consider me one of “the best workers they have ever had.” So after they tear me down a little more and I have had time to calm myself down from the embarrassment, I changed out of my uniform, wrote a note saying that i was quitting, and placed the items on my Assistant G.M.’s desk. They asked me why I was leaving! 

My May Day Solidarity Message to Serbian Workers

Update 5/6: I just uploaded the surreal Part 3 of my Serbian TV appearance. After a crazy intro, host Katarina tells me that she’s bringing me a Serbian wife, that I have a Serbian sister, and that I’m going to Belgrade! 

I’m pretty popular in Serbia.

The music the band plays in my original video is the Serbian song “Bubamara,” sometimes called “Zeni nam se vukota” after a version that appeared in Emir Kusturica’s movie “Black Cat, White Cat.”

Because I used their music, Serbians really, really love the video. Immediately after posting, I got a flood of messages from Serbians on Youtube. Then I started getting interview requests from Balkan newspapers and TV media. Eventually a TV show called “Sve za ljubav” (“Love is everything”) got in touch with me about coming to Belgrade to film a TV show. I agreed and appeared in a few surreal episodes of the reality show.

Following all the publicity from the show, the big Balkan director Emir Kusturica contacted me and brought me to his film festival, Kustendorf.

All very strange.

My Serbian life had been quiet for a couple months until the Serbian labor organization “Stop Mobbing Serbia” (“mobbing” refers to workplace bullying by bosses) asked me to record a brief solidarity message to Serbian workers for May Day. Of course I agreed, and they edited it together with some occasionally ill-fitting footage from my brass band, What Cheer? Brigade.  

I’m told this is appearing on Serbian TV today.

Station Casino Workers Complete 7 Day Fast for Fair Treatment and the Right to Unionize (Las Vegas, NV)

Delmi Aldana, Cook, Fiesta Rancho Restaurant with Station Casinos, Las Vegas, NV

A group of 13 workers from the Station Casino in Las Vegas (along with 5 of their union member supporters) will end their 7 day fast today at 6PM. Congressman Luis Gutierrez (D-IL) is coming down to greet the fasters as they have their first meal in a week at the Red Rock Casino.

The workers have been fasting to demand fair treatment and the right to unionize. In a classic Wall Street move, Station Casinos bankrupted themselves back in 2007 through a leveraged buyout that brought in $660 million for a handful of shareholders, but resulted in layoffs for some 2,800 employees. For the remaining workers, the company froze wages, stopped contributing to workers’ 401 (k) plans, and raised insurance costs. The situation hasn’t changed in 5 years.

In turn, Station workers have been attempting to organize themselves to gain union recognition through Culinary Workers Union Local 226 and Bartenders Union Local 165. The company has responded with a nasty and wildly illegal union busting campaign. In fact, in September 22, 2011 National Labor Relations Board (NLRB) Administrative Law Judge Geoffrey Carter ruled that Station Casinos had broken more federal labor laws than any other company in Nevada gaming history. That’s a pretty impressive record to hold. The judge cited the company on 87 violations, including interrogation, spying, bribing, firing, physical attacks, and much more. During the hearing, Station brought forth no witnesses but simply tried to derail the trial on procedural grounds.The company is currently appealing the decision.

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Florida Hotel Worker Suffers Disability Discrimination

Note: Under the Americans with Disabilities Act (ADA) it’s illegal for employers to discriminate against an employee because of a medical condition, provided the employee can continue performing their work. Further, employers must provided reasonable accommodations to disabled employees to assist them in continuing their work duties.

Here’s a story about a Florida hotel worker who was illegally discriminated against for her Parkinson’s Disease. She worked as hard as she could at a number of hotels, but was repeatedly chewed out by her bosses because of her illness. Her daughter tells her story.

Anonymous Housekeeper, Various Florida Hotels (including the Best Western in Blue Water Bay pictured below)

I want everyone to know about what my mom went through all because of her ‘disability.’

First off let me tell you about my mom. She was born January of 1951. She’s Korean. She married my dad and became a citizen of the United States. She’s always worked in the service industry, whether at a restaurant or at a hotel. She’s had Parkinson’s Disease now for some time, since about 17 years ago. These stories take place mostly over the last few years and involve several hotels in the Emerald Coast (Destin) area of Florida. I remember all the details, because anything that hurts my mom I remember very well. I hate seeing my mom get hurt for any reason at all.

The first hotel, name being undisclosed, my mom worked for for about 2 years. She gave them her best, showing up for work on time and very rarely taking any time off. She worked for slightly above minimum wage for the area. She drove the 40 minutes it took to get to work every Monday to Friday, working up to 50 hours in a week sometimes. If anyone called off, she went in if she could. And all the while she was taking care of my 2 brothers and I. Not once did she complain.

She began getting sick and slowing down a bit. She had a slight problem walking, and her hands started to tremble uncontrollably. It was getting difficult for her to do things with her hands. She still tried. But it wasn’t good enough for her managers. She ended up being laid off because the management was afraid she wasn’t going to be as effective as the younger workers in the hotel.

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Illegal Termination at the Orms St. Marriott (Providence, RI)

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Racism in the Restaurant Industry, Featuring the Capital Grille

Note: I’ve mostly been posting about hotels, but I’m beginning to expand to include other parts of the service industry—such as restaurants and casinos—where workers face exactly the same issues as in hotels.

Restaurant Opportunities Center (ROC) released a damning report earlier this year on the treatment of people of color in the restaurant industry. Their results are exactly what you’d expect, but still shocking in how clear and extreme they are.

That’s right, ROC surveyed some 4000 workers across 8 US cities and found that black workers make more than $4/hr less than white workers

They also found that blacks are for more likely to work in fast food places than in fancy restaurants:

In fine dining restaurants, people of color are wildly more likely to hold lower-wage back-of-the-house and server-assistant positions such as busser, barback, etc. People of color are almost totally barred from the more lucrative server, maitre’d, and captain positions:

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Hyatt Andaz West Hollywood Part 2, (West Hollywood, California)

(3/27 Update): Morena Hernandez has been rehired! 

MORE REASONS TO BOYCOTT THE HYATT ANDAZ WEST HOLLYWOOD 

The Andaz WEHO and Hyatt generally have been misbehaving so badly this month that they get another post this week. First, they suspended a housekeeper named Morena Hernandez in retaliation for her protesting. Then the National Labor Relations Board (NLRB) scolded Hyatt for a scary handbook policy that prohibits employees from discussing Hyatt online and allows the company to investigate the identity of anyone anonymously posting anything about the hotel chain. 

First the firing.

Morena Hernandez, Housekeeper, Hyatt Andaz West Hollywood, California

(All Morena’s quotes were originally posted on Buzzfeed)

Morena Hernandez was a housekeeper at the Andaz WEHO for 15 years. She’s always been a leader in the struggle for hotel workers’ rights. She’s worked to forge alliances between her union and various community, women’s and religious groups. She’s testified before the NLRB, and she participated in a weeklong strike at her hotel last year. 

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Hyatt Andaz West Hollywood (West Hollywood, CA)

BOYCOTT THE HYATT ANDAZ WEST HOLLYWOOD HOTEL

Here’s a video and story from a restaurant server at the Andaz West Hollywood on why you should boycott this hotel along with so many other Hyatts. Check out a full list of hotels under boycott. 

Jim Lair Beard, Restaurant Server, Hyatt Andaz West Hollywood, West Hollywood, CA

Here’s Jim’s own article on his job and the boycott, originally posted on Truthdig

Waiting on the Wealth Hoarders 

I’ve never been proficient with a musical instrument, but I’ve discovered that I am a near genius when it comes to turning a bullhorn on people who are entering a boycotted hotel.  A few months back, Isaac Gomez, an organizer for UNITE HERE, Local 11, asked me to participate in a two-hour picket line at the Hyatt Andaz Hotel in West Hollywood, where I work as a waiter in the RH restaurant.

The bullhorn is a magical device that gets lots of attention from hotel guests, managers and sometimes police officers. I felt like Eric Clapton when his hands first touched a guitar. We were meant to be.

I’ve used the bullhorn a few times since that day. It’s always an interesting experience. It doesn’t matter if it’s a general strike or a meager two-hour picket that employees can participate in during meal breaks.

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Anonymous Luxury Hotel Workers (New York City, NY)

Editor’s note: Here’s a great story from a group of NYC union hotel workers. They detail how labor abuses go on despite union contracts and how we need to be truly united if we’re going to improve our jobs.

Union hotel jobs are some of the most secure jobs around. As union members, we take pride in putting forth our best skills and capabilities to perform our duties properly. As members on the New York Hotel Trades Council (NYHTC) we have been blessed to be part of a strong union, and have been protected from unfair and discriminatory treatment for decades.

But there are plenty of times that unfair, unjust treatment of hotel employees fall through the cracks. It’s telling that we, employees of one of the best luxury hotels in New York City, need to remain anonymous in writing this story for fear of retaliation.

There are so many awful things going on within our hotel, and neighboring 5-star hotels that continue despite our strong union. This is not because the union doesn’t want to address them—it’s because hotel management companies are coming up with newer and better schemes to get around the system, carefully and strategically removing employees “legally,” leaving the union with their hands tied.

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