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LABOR DAY

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LGBTQ Workers

On Labor Day we are reminded of the struggles of the worker's rights movement and the accomplishments of labor unions in the United States. This is also an opportunity to give a big shout-out to the LGBTQ folks in the workplace and their struggle against employment discrimination.

It was the Labor Movement that brought us... living wage laws, child labor laws, health benefits, unemployment insurance, pension benefits, workers' compensation, weekends, grievance procedures, overtime pay, social security, workplace safety, minimum wage, paid vacation, parental leave, civil rights, equal pay for equal work, and domestic partner benefits.

We celebrate American laborers and workers and thank them for their service. Here's to truck drivers, construction workers, police officers, farmers, teachers, cooks, sanitation workers, musicians, barbers, firefighters, social workers, plumbers, florists, accountants, soldiers, mechanics, technicians, janitors, first responders, HVAC technicians, artists, factory workers, electricians, lawyers, bricklayers, carpenters, line workers, librarians, software engineers, painters, bus drivers, miners, dancers, scientists, bartenders, nurses, welders, salespersons, landscapers, pilots, financial advisors, masons, writers, and more!

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LGBTQ Inclusion: Workers' Rights and the Labor Union Movement

The history and evolution of LGBTQ individuals in the workers' rights and labor union movement is a testament to the enduring struggle for equal rights and recognition within the broader context of social justice. We acknowledge and celebrate the milestones and challenges faced by LGBTQ workers as they fought for their rights, inclusion, and acceptance within labor unions and the broader labor movement.

Throughout much of the 20th century, LGBTQ workers faced significant discrimination and marginalization, not only in society and the workplace, but also within labor unions. Labor unions, while advocating for workers' rights, often did not prioritize LGBTQ issues. This early period was characterized by secrecy and the fear of discrimination, as being openly LGBTQ could lead to job loss, harassment, or even violence.

The turning point in the struggle for LGBTQ rights and visibility came with the Stonewall Uprising in 1969. The uprising, which began as a response to a police raid on the Stonewall Inn in New York City, sparked a nationwide movement for LGBTQ rights. Many of those involved in the Stonewall Uprising were members of the working class, and their involvement helped to bridge the gap between the LGBTQ and labor movements.

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In the aftermath of Stonewall, LGBTQ workers began to organize and demand better working conditions and recognition within labor unions. Activist groups like the Gay Liberation Front and the Lesbian and Gay Labor Alliance played pivotal roles in advocating for LGBTQ workers' rights.

As the LGBTQ rights movement gained momentum, several labor unions began to acknowledge and address the discrimination faced by LGBTQ workers. Some unions, like the American Federation of Teachers (AFT), were at the forefront of the fight for LGBTQ inclusion. AFT became the first national labor union to support LGBTQ rights openly, setting a precedent for others to follow.

The labor movement and LGBTQ rights intersected further with significant legal victories. In 1998, the US Supreme Court ruled in favor of a transgender woman, Aimee Stephens, in the case of RG & GR Harris Funeral Homes v. EEOC. This decision affirmed that Title VII of the Civil Rights Act of 1964 protects LGBTQ individuals from employment discrimination.

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Despite these important strides, challenges persist. LGBTQ workers still face discrimination, harassment, and unequal treatment in some workplaces. Labor unions continue to work towards greater inclusion and protection for their LGBTQ members, often advocating for collective bargaining agreements that address LGBTQ rights and protections explicitly.

The history of LGBTQ individuals in the workers' rights and labor union movement is marked by both challenges and triumphs. From the early struggles of secrecy and discrimination to the emergence of LGBTQ labor activism and union involvement, progress has been made. The fight for LGBTQ inclusion in labor unions continues, reflecting the broader pursuit of social justice and equality. As we reflect on this history, it is clear that the collaboration between the LGBTQ rights and labor movements has been instrumental in advancing the cause of equality for all workers, regardless of their sexual orientation or gender identity.

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The Lesson of Labor Day

The shared work of the LGBTQ community and the labor movement dates back to the days of Harvey Milk.

As Labor Day arrives and we make plans to fire up the grill or head out for a last round of school shopping, let’s also remember what the long weekend is really about ― the dignity of workers and the critical role the labor movement has played in ensuring equality.

This Labor Day I will be thinking with gratitude of our many friends and allies in the labor movement who have stood shoulder to shoulder with us for LGBTQ equality. We are more powerful when we work together toward the shared goals of equality, racial justice, fair wages, health care and policies that support all of us and our families.

I am thinking of Kelly, the Milwaukee high school teacher, who, on the day the Trump administration withdrew critical US Departments of Justice and Education guidance protecting vulnerable transgender students, hung one of HRC Foundation’s “Protect Trans Kids” posters in her classroom. If her students are harassed or bullied for being LGBTQ ― or Muslim, or Jewish, or immigrant or black ― Kelly is there for them. She uses her strong voice to stand up for justice, and can do so, in no small part, because she is a member of her union. “My students need me, my school and my community need me and I need the solidarity of my co-workers and our union to be fierce advocates for kids who most need us and great schools for all our young people.”

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Chronicle of Higher Education: Interviewing While LGBTQ

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LGBTQ Workers in the Labor Market

I will be thinking of Andres, a proud transgender man, a loving son and a brother. After nearly a decade in his position at a law firm, Andres came out to his co-workers and announced he would begin transitioning ― and was able to do so because his union fought to ensure his company had an insurance contract that explicitly affirmed coverage for transgender people, without exclusion of the medically-necessary care that he needs. I look to the incredible leadership of Maria Patterson and SEIU’s Lavender Caucus in Sacramento, where their 95,000 members stood strong so that their transgender California state employee members would have transgender-inclusive health coverage.

While the shared work of the LGBTQ community and the labor movement dates back to the days of Harvey Milk, the importance of working together back then is just as urgent now. The Trump-Pence administration continues to advance from the highest levels in government it’s anti-LGBTQ, anti-worker, and anti-family agenda. We in the LGBTQ community have been raising our voices for immigrant rights, for racial justice, for health care and against hateful Trump-Pence policies that target Muslims one day, and LGBTQ youth the next.

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We work together because LGBTQ people are workers, immigrants, people of color, people of all faiths and all genders, and we are committed to standing up for the full diversity of the LGBTQ community.

That diversity includes many workers living paycheck to paycheck, and feeling left behind in this economy. The Washington Post recently reported that half of the jobs in the US pay less than $18 an hour ― and those jobs are disproportionately held by women and people of color and include, of course, many workers who are LGBTQ.

In the Trump-Pence era, unions are needed now more than ever. This Labor Day, let us raise our voices and remember that America needs unions to negotiate wages and benefits that support working families and better working conditions ― like safe staff-to-patient ratios in hospitals and smaller school class sizes that help students succeed.

When working people have the opportunity to speak up together through unions, we make progress that benefits everyone ― like affordable health care, paid leave, and a higher minimum wage, for opportunity and non-discrimination. In unions we have powerful allies for fairness and equity for all of us

[Source: Advocate]

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Trade Unions and LGBTQ Activism

In the several years there has been increased interest, both in the academy and in the broad left, in notions of solidarity between lesbians, gay men, bisexual and transgender people and the organized working class. This has been spurred on by the release of the film "Pride," which details how a group of activists formed Lesbians and Gays Support the Miners during the 1984-85 strike against Margaret Thatcher’s pit closures. The recent publication of Miriam Frank’s detailed narrative of LGBTQ people organizing within and alongside unions in the United States is therefore timely.

The position of LGBTQ people in the US has shifted greatly over the past few decades, especially in terms of the ability to organize openly in workplaces and unions. From gaining visibility in the 1960s and 1970s to the fight within the US military to repeal discriminatory “Don’t Ask, Don’t Tell” laws, Frank’s goal is to provide a broad narrative tracing the overlooked history of workplace struggle in LGBTQ movements. She draws together an exceptional number of examples and anecdotes from the past half century and today. The chronology Frank provides of LGBTQ labor activism before the main body of text highlights the depth of this research. Over two decades she interviewed over 100 people from around the US, many of whom were activists central to labor disputes. Oral histories of their struggles prove especially humanizing, as activists relay their own stories, aware that the stories of many of their colleagues and comrades have previously been overlooked because of untimely deaths due to AIDS as well as a lack of scholarship.

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Miriam Frank provides a broad yet thorough history of trade union activism from an LGBTQ perspective, from union locals and rank and file activists, to national executives and their radical challengers. She prioritizes those stories that highlight the strengths that come from solidarity, without undermining the necessary criticisms of the trade union movement when it has fallen short.

Several chapters of her report are of particular interest to activists and historians alike. The chapter on coalition building during the 1970s provides an inspirational account of the ways in which LGBTQ people fought to build solidarity with other oppressed groups and workers who faced exploitation. One solid example was the 20-year boycott of Coors Beer, which found great success in San Francisco in the early 1970s, where gay rights activist Harvey Milk and the Bay Area Gay Liberation group organized solidarity with Teamsters. Black and Latino activists had been boycotting Coors for several years in protest at the company’s refusal to implement affirmative action policies. LGBTQ activists got involved to support beer delivery drivers in the Teamsters union striking to extend their contracts. Almost every gay bar in San Francisco supported the boycott and Coors’s profits dropped dramatically in California. In exchange the union came to support openly gay workers becoming drivers. The boycott extended into a two decade battle when Coors launched a union busting campaign at its brewery a few years later. LGBTQ people continued their support throughout and found new reasons to boycott when it emerged that Coors forced their workers to undertake lie detector tests, asking questions about their sexuality.

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Of special interest is the way in which Frank manages to illustrate the class contradictions of LGBTQ-owned businesses and spaces. She provides examples from the 1970s and 1980s in San Francisco where openly gay and lesbian entrepreneurs established businesses and hired other LGBTQ people to work. However, as Frank notes these workplaces often overlooked standard employment regulations such as minimum wage requirements and overtime as a trade off for a workplace in which employees could be open about their sexuality without fear of reprisal. In the case of one lesbian auto repair shop this meant working on commission with no base weekly pay, sacrificing earnings to train others and no holiday pay when the owners shut the shop for weeks at a time. Bitter fights for unionization in bars, cafes and restaurants took place especially after successful union/LGBTQ alliances were formed to defeat Proposition 6, which sought to ban gay teachers and their allies from working in public schools in 1978.

Frank charts the centrality of unions in AIDS activism during the 1980s and 1990s, in addition to the ways in which the epidemic helped to solidify class distinctions within LGBTQ communities. Unions fought hard for mutual partner benefits necessary for access to health care and insurance provisions for same-sex partners. The author notes that the first instance of domestic partner benefits came about during contract negotiations at the Village Voice in 1982. However, this was not only a win for LGBTQ workers, unmarried straight workers gained protection for their partners too.

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Out in the Union has other strengths. The book explains in great detail, but in an accessible way, how unions organize in the United States more generally, and the practices and history specific to the country. It therefore provides an informative introduction to class struggle and union organization which will be useful to anyone seeking to understand the particular union and workplace structures in the US. Frank does not let slow-moving union leaders off the hook, noting that many of the early fights for LGBTQ visibility in unions coincided with the establishment of radical caucuses and rank and file challenges to careerist leaders. She draws attention to the fact that reactionary ideas can be broken down through class struggle but does not shy from illuminating the homophobia experienced by LGBTQ workers at the hands of their co-workers and bosses. Frank demonstrates the abuse suffered by LGBTQ people, especially lesbians, who came out to their unionized co-workers. One of the strengths of the book comes from the fact that Frank spent years as a union organizer, writing a handbook for LGBTQ workers and trade unionists.

By the author’s own admission Out in the Union is not comprehensive. There is a lack of examples from southern states where workplace organization has been historically weakened by anti-union legislation. Nevertheless, Frank succeeds in providing rich examples of the LGBTQ organization within workplaces elsewhere.

Frank concludes by underlining the importance of unions to recent struggles for marriage equality. She argues that coalitions formed in the 1970s to battle right-wing attempts to roll back gay rights were the roots of these more recent campaigns. The fight against workplace discrimination continues today. While same-sex marriage is now federally recognized, some 32 states (a majority) still discriminate in some way against LGBTQ people. For example, LGBTQ people in some states have no federal protections in housing, education and employment. This book is an important addition to our understanding of the history of sexuality, and the workplace activism necessary to future movements seeking to defeat discrimination.

[Source: Josh Hollands Commentary (Oct 2015) on Miriam Frank's Report: Out in the Union: A Labor History of Queer America, Temple University Press, 2014]

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Lesbians and Gays Supporting Miners

True Story

It's the summer of 1984, Margaret Thatcher is in power and the National Union of Mineworkers is on strike, prompting a London-based group of gay and lesbian activists to raise money to support the strikers' families. Initially rebuffed by the Union, the group identifies a tiny mining village in Wales and sets off to make their donation in person. The film depicts this real-life story starring Imelda Staunton (Harry Potter), Bill Nighy (Love Actually), Andrew Scott (Fleabag), and Dominic West (The Affair). It is a powerful story of identity and union through standing together.

Pride is a 2014 British historical comedy-drama film written by Stephen Beresford and directed by Matthew Warchus. Based on a true story, it depicts a group of lesbian and gay activists who raised money to help families affected by the British miners' strike in 1984, at the outset of what would become the Lesbians and Gays Support the Miners campaign. The film was nominated for the Golden Globe Award for Best Motion Picture and for the BAFTA for Best British Film, Best Actress in a Supporting Role for Imelda Staunton and for Outstanding Debut by a British Writer, Director or Producer.

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The Plot

Upon watching the news about the miners' strike, gay activist Mark Ashton realizes that the police have stopped harassing the gay community because their attention is elsewhere. He spontaneously arranges a bucket collection for the miners during the Gay Pride Parade in London. Encouraged by the success, he founds "Lesbians and Gays Support the Miners". Among its first members are 20-year-old closeted student Joe Cooper and an older gay couple Gethin and Jonathan, whose bookshop they use as headquarters.

LGSM faces opposition from the mining community who do not wish to associate with them, as well as within the gay community who feel that the miners have mistreated them in the past. Frustrated by the lack of response, the activists instead decide to take their donations directly to a small mining village in Wales. Dai Donovan, spokesperson for the miners in Onllwyn, comes to London to meet their new allies. Though he is startled by the revelation of what "L" and "G" stand for in their name, he expresses his gratitude in a short, eloquent speech at a gay bar, and the cause takes off.

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The Women's Support group in the small Welsh village, led by Hefina Headon and Maureen Barry, debate whether to invite LGSM to the village as a thank you. Hefina, and her supporters, favor gratitude from all camps, while Maureen's supporters consider the gays abhorrent. First-time volunteer Siân James speaks up fiercely in favor of inviting LGSM and is asked to join the committee. When LGSM arrives, they are met with a frosty reception at first. After a series of conflicts, attitudes soon change, and the two groups unite.

On the day of the 1985 Gay Pride Parade, Mark leads LGSM to the Parade, where they are joined by hundreds of miners in a show of solidarity. The closing scenes reveal that consequently the Labour Party incorporated rights for gays and lesbians in their party programme due in part to a massive vote lodged by the National Union of Mineworkers.

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Legal Protection in the Workplace

In 2015, the US Supreme Court determined in Obergefell v. Hodges that same-sex couples have a Constitutional right to marry nationwide. With that ruling, businesses must provide marital benefits to an employee’s same-sex spouse as marital benefits (not a different system of coverage).

Federal laws offer protections from workplace discrimination on the basis of race, color, religion, sex, national origin, age, and disability... but do not offer these same protections on the basis of sexual orientation or gender identity.

Some states have passed laws to establish workplace protections for LGBTQ employees… but only 22 states explicitly provide workplace protections on the basis of sexual orientation… and 20 on the basis of gender identity.

Despite this patchwork of state laws and federal guidance, private sector employers have far outpaced lawmakers in the implementation of fully inclusive non-discrimination polices.

Update.... On June 15, 2020, the US Supreme Court issued a landmark ruling upholding LGBTQ workers rights and making LGBTQ employment discrimination illegal nationwide.

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Supreme Court Rules in Favor of LGBTQ Employment Rights

On June 15, 2020, the US Supreme Court issued a landmark decision, penned by Neil Gorsuch, a conservative justice appointed by President Trump, deciding that “An employer who fires an individual merely for being gay or transgender violates Title VII of the 1964 Civil Rights Act.” And Justice Neil Gorsuch went on to say, “An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

Everyone from Barack Obama and Pete Buttigieg to Black Lives Matter and the NCAA celebrated the momentous Supreme Court decision on LGBTQ workplace discrimination. And Americans across the nation celebrated this historic ruling. Kamala Harris said, "This is a major victory for LGBTQ rights. No one should be discriminated against because of who they are or who they love." Jared Polis said, "No matter who you are or who you love your work is valued in the United States. Thank you to the Supreme Court for making the right decision for equality, inclusivity." Janet Mock said, "A victory hard won in the courts and on the streets. Grateful to the lawyers, organizers and activists but most grateful to those who had to live stealth or closeted, who lost jobs for living their truth, who left parts of themselves at their employers' door." And Gerald Bostock said, "Today, we can go to work without the fear of being fired for who we are and who we love."

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LA Times: Supreme Court Ruling Protects LGBTQ Rights

ABC News: Supreme Court Bans LGBTQ Employment Discrimination

Reuters: Supreme Court Endorses LGBTQ Worker Protections

CBS News: Existing Federal Civil Rights Laws Protect LGBTQ Workers

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“Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and indistinguishable role in the decision, exactly what Title VII forbids,” the decision reads. “An employer who fires an individual merely for being gay or transgender violates Title VII.”

“Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result. Likely, they weren’t thinking about many of the Act’s consequences that have become apparent over the years, including its prohibition against discrimination on the basis of motherhood or its ban on the sexual harassment of male employees.”

“But the limits of the drafters’ imagination supply no reason to ignore the law’s demands,” Gorsuch continued. “When the express terms of a statute give us one answer and extratextual considerations suggest another, it’s no contest. Only the written word is the law, and all persons are entitled to its benefit.” The ruling was decided by a 6-4 vote. Gorsuch was joined by Justices Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsburg, Stephen Breyer, and Chief Justice John Roberts.

Some who responded reminded us that this was just another step in the long road to full equality. Pete Buttigieg said, "As of sunup this morning, many parts of America did not fully protect queer Americans from workplace discrimination, despite the Civil Rights Act. This is a major step. Make no mistake—a federal Equality Act is still urgently needed. The struggle for equality did not end with marriage, nor did it end today. Conversion therapy persists. Black trans women are at grave risk daily. The administration is rolling back protections at every turn." And Senator Tammy Baldwin said, "The SCOTUS 6-3 decision is a huge step forward for LGBTQ equality in America. But we must keep marching for full equality for every LGBTQ American across our country and work to pass the Equality Act in the Senate."

[Source: LGBTQ Nation, June 2020]

Celebrating LGBTQ Workers On Labor Day
Pride at Work

Gays At Work...In the Closet
Resources for LGBTQ Inclusion in the Trades

Time Mag: Here's Why We Celebrate Labor Day

Researchers Say There Is a 'Gay Glass Ceiling' in Corporate Leadership

NCLR: Workers’ Rights Are LGBTQ Rights
HRC: The Lesson of Labor Day

Velvet Jobs: LGBTQ Career Resource Guide

Transgender Issues: Transitioning in the Workplace

Working Together: The Labor Movement and the Gay Rights Movement
Queer Activism in the Labor Movement

Rainbow-Collar Jobs: Occupational Segregation by Sexual Orientation

Chronicle of Higher Education: Interviewing While LGBTQ

LGBTQ People at Work: Offensive Remarks Everyday Reality

Long, Powerful History Between Labor and LGBTQ Activists

Pride Not Prejudice: Discrimination in the Workplace

GLAAD: Importance of LGBTQ Equality in the Workplace

LGBTQ Workers in the Labor Market

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