Experiences with Sexual Orientation and Gender Identity Employment Discrimination in the USA: Analyzing EEOC Discrimination Charge Narratives

In this article, we engage in the first content analysis of charge data filed with the United States Equal Employment Opportunity Commission (EEOC) alleging employment discrimination based on sexual orientation and gender identity (SOGI) discrimination. Although the U.S. Supreme Court has classified SOGI discrimination as prohibited sex discrimination, little is known about the discriminatory experiences contained in formal charges or how allegations of sexual orientation discrimination compare to those of gender identity.

We draw upon charge data from 2012 to 2016 including both a quantitative administrative dataset of 8487 charges and a novel dataset derived from content analysis of 1628 charge narratives to present percentages and chi-square statistics for the issues alleged and bases of discrimination in sexual orientation and gender identity charges.

Our findings demonstrate that individuals in the USA file formal grievances based on many of the same discriminatory experiences for sexual orientation as for gender identity, emphasizing their commonalities as sex-based discrimination. There are, however, notable differences, with sexual orientation charges containing more allegations of sexual harassment and relationship-based discrimination and gender identity charges alleging more gender stereotype claims.

Our findings suggest that sexual orientation discrimination is both individual and relational, focusing in part on discrimination surrounding a person’s partner or potential partners. In contrast, gender identity discrimination is predominantly directed toward the individual, often involving a rejection of that individual’s very identity.

Our findings have important policy implications for those processing and adjudicating SOGI discrimination charges, as well as employers’ efforts to reduce and redress discrimination in their workplaces through workplace policies.