Journal of Gay, Lesbian, and Bisexual Identity, Vol.
1, No. 3, 1996 193-211
Gay Men in the Workplace: Issues for Mental Health
Counselors
Todd
Sussman
The author looks at major issues that affect gay men
who are deciding on, competing for, and working in the jobs and careers
available in today's changing job market, and the implications for mental
health counsellors who may serve them.
Included is an in-depth review of the current academic counseling
literature on gay men in the workplace, highlighted by reports from the
national gay press.
KEY WORDS: careers;
discrimination; gay men; occupations; workplace; counseling.
When one thinks of gay men in
the workplace, a variety of questions may
come to mind. What kinds of jobs do
they have? How are they treated? How do they react? Are they protected by employment laws? And how much progress have they made in their
struggle to be accepted, supported, and respected in the workplace?
In this article, I look at the
major issues affecting gay men deciding on, competing for, and working in the
jobs available in today's changing job market.
I review the current academic counseling literature, and highlight reports from the national gay
press. I also include comments from my
interviews with a prominent psychologist who specialises in gay
workplace-related issues, the director of the Human Rights Division in an Equal
Opportunity Office, and an attorney who represents gay clients in workplace
issues.
Some of the ideas I resent come
from my experience as a mental health counselor intern working in a private
practice, which specialises in career issues for gay males. Though I target my discussion to mental
health counselors, the issues I address may also apply to career counselors,
social workers, psychologists, school guidance counselors, family therapists,
and other mental health practitioners. I
have found that the career issues of gay men are not solely the domain of those
specialising in career counseling, so I have chosen to address the broader
group, mental health counselors, who may work in private practices, community
agencies, schools, hospitals, and other applicable settings.
Although I concentrate on gay
men in this article, many of the issues raised also have implications for
lesbians as well as bisexual males and females.
As groups, they share many of the same experiences. However, after working specifically with gay
male counselees and their career issues, and because differences in the career
development processes of gay males and lesbians have been documented (Etringer,
Hillerbrand, & Hetherington, 1990), 1 have chosen to focus on gay males
here. My intent is to avoid
overgeneralisations. However, one must keep
in mind that gay males, lesbians, and bisexual males and females share a myriad
of work-related experiences due to their sexual orientations.
Getting an accurate picture of
gay men in the workplace is an arduous task.
There is a paucity of research investigating how being gay affects one's
career development process, and, until recently, there was a virtual absence of
research focusing on career issues for gay clients (Hetherington, Hillerbrand,
& Etringer, 1989). However, there is
an increasing amount of published writing on this topic, and some of the most
recent literature will be cited in this article.
Another factor that often makes
it difficult to accurately assess gay related workplace issues is that, unlike
in many "minority" groups, membership in the gay male minority is not
visible unless the member chooses to "come out" (reveal his sexual
orientation) to co-workers (Kronenberger, 1991). Consequently, the numbers are unknown. Stewart (1991) posits, "Odds are that
there are almost as many gay employees in the work force as there are blacks,
but most of them will be invisible" (p. 50). However, the employment issues that gay men
face continue to surface, on the job and in the courtroom, when oppressive
actions and rules are challenged by dissatisfied, brave gay employees.
Even though the exact numbers of
gay men in the workplace are unknown, along with accurate knowledge regarding
the extent of their struggles (and triumphs), mental health counselors must not
contribute to this "invisibility." Indeed, all mental health
professionals have a responsibility, both ethically and morally, to address gay
and lesbian issues affirmatively and to facilitate the elimination of any form
of oppression (Buhrke & Douce, 1991).
The
"Code of Ethics for Mental Health Counselors," drafted in 1987,
contains several standards alluding to affirmation of diverse groups (Herlihy
& Golden, 1990). Included among the
standards: counselors give appropriate recognition to alternative viewpoints
(Principle 1d); through awareness of the negative impact of both racial and
sexual stereotyping and discrimination, counselors strive to ensure individual
rights and personal dignity (Principle 2h); mental health counselors will be
aware of diverse backgrounds (Principle 3b); and they will not condone
practices which result in illegal or otherwise unjustifiable discrimination on
the basis of race, sex, religion, or national origin in hiring, promotion or
training (Principle 3d).
Curiously, there is no specific mention of
sexual orientation in the 1987 Code. The same omission applies to similar
ethical standards,updated in 1988, from the American Counseling Association
(Herlihy & Golden, 1990). Because of the slowly changing climate
surrounding theacceptance of
gay people in all domains (employment, housing, religious affiliations,
relationships), the inclusion of a specific reference to sexual orientation
would seem to be an appropriate and long overdue addition. Of course, the
ethical codes of mental health counselors happen to mirror current employment
laws (which I discuss later) in their lack of a specific mention of sexual
orientation. Instead, those making
claims must depend on the interpretation of the courts in reviewing laws
regarding more general gender issues (instead of specific gay issues) and
general disability issues (where specific AIDS issues are concerned).
Although many gay male and
lesbian issues overlap, as mentioned earlier, this paper will focus solely on
gay men. Elliot (1993) posits that gay
men and lesbians are not homogeneous and should be not be "lumped together"
(p. 220) in exploring or reviewing career development issues.
Indeed, significant differences
have been reported in gay male's and lesbian's career choices (Etringer et al.,
1990), among other career development issues.
For example, the authors report that, in a study of lesbian, gay male,
and heterosexual college students, lesbians demonstrated the least amount of
uncertainty in choosing careers, whereas gay men demonstrated the most
uncertainty among the three groups. In
addition, lesbians in the study were found to be the most satisfied with their
choices, the opposite being true for gay males.
Of course, while the authors report on one sample of gay males as a
group, there may be a wide range of variation in the career decision-making
process among gay males as individuals.
In a broader view, gender-role
stereotyping of jobs has traditionally divided male-dominated and
female-dominated occupations (Chusmir, 1990), which means that men and women
have often entered the job market with different expectations of themselves and
their co-workers. In this respect, it
seems that mental health counselors have two tasks: to provide fair service to
all groups, including gays, lesbians, bisexuals, and transgender people
(GLBT's), and to be aware of the sometimes
clear-cut but often subtle distinctions in issues involving GLBT'S, and to
support GLBT's in their efforts to break the gender-role career codes where
they exist.
CHOICES AND CHANCES: AN OCCUPATIONAL SAMPLER
Do gay men mostly enter the
stereotypical "creative" or "service industry" occupations
such as hairdressing, nursing, acting, or interior decorating? Apparently not. The career landscape for gay men, in
actuality, seems very different. In its
December 16, 1991 cover story, Fortune
magazine cites a Chicago-based market research company's study of 4,000 gay
men and lesbians, which reports that "more homosexuals [male and female]
work in science and engineering than in social services; 40% more are employed
in finance and insurance than in entertainment and the arts; and ten times as
many work in computers as in fashion" (Stewart, 1991, p. 43).
In another view, Chusmir (1990)
reports that more men (whose sexual orientation is not distinguished) are
entering the traditionally female-dominated careers of social work, nursing,
elementary school teaching, and office work, although many still face the
negative effects of career gender-typing.
Men in these fields may experience others' misperceptions, including the
erroneous thought that they are doing "women's work" (Robinson,
Skeen, & Coleman, 1984) and
assumptions about their sexual orientation (Marks, 1980).
A review of the literature shows
that there is very little quantitative data correlating occupations to gay
men. There is, however, more information
- though still relatively sparse - regarding occupational stereotyping. Several authors (Elliot, 1993; Hetherington
et al., 1989; Hetherington & Orzek, 1989) cite a presentation by Botkin and
Daily (1987), who studied 120 college students' attitudes regarding career
interests and reported stereotypical responses.
The researchers asked respondents to indicate what jobs they believed
were most interesting to homosexual and heterosexual men and women. The top three stereotypical gay male
professions were (1) photographer, (2) interior designer, and (3) nurse. The indicated heterosexual male professions
were (1) doctor, (2) photographer, and (3) engineer.
Interestingly, none of the
authors who cite this study note that "photographer" appears in both
the homosexual and heterosexual listings.
One reason may be that this profession can be classified in more than
one of Holland's occupational environments (Zunker, 1994), since it may be
considered a "realistic" skilled trade or an "artistic"
endeavour, which would respectively fit common society-held stereotypes of both
orientations.
Mickens (1994), who provides a
guide to 100 gay-friendly companies and their policies, discusses some of the
reasons for the traditional career stereotyping of gay men, including the pervasive
idea that there is "something wrong" with gay people:
"Take advertising, for
example. There seems to be an attitude
that it's "okay to be gay" on the "creative" side of the
business (where being gay might fall under the general stereotype of creatives
being "flaky"). However, on
the account management side, the opposite is true" (pp. 19-20).
Surprisingly, the perception
that it's "okay to be gay" on the creative side in advertising is not
borne out in the research. Baker,
O'Brien Strub, and Henning (1995), in a study of U.S. corporations'
anti-discrimination policies, found that the major advertising firms were, on
the whole, not gay-friendly, as evidenced by their lack of anti-discrimination
guarantees, domestic partner benefits, diversity training, and gay and lesbian
support groups.
Like the aforementioned authors
who have reported on stereotypes regarding gays and jobs, Dr. Larry Harmon,
director of a Florida-based career counseling practice, which specialises in
gay issues, has observed that gay people may enter the more welcoming
stereotypical jobs:
"Gay men tend to gravitate
towards occupations where they feel safe, or where being different is okay,
such as hair cutting or being a waiter.
Also, gay people have been drawn to occupations which have provided the
flexibility to have a social life, which traditionally meant going to bars and
discos. Being a waiter or haircutter
meant not having to get up early, so a gay man could socialise with people who
felt like family, where he felt like he belonged" (Harmon, 1994).
However, Harmon also notes a
shift away from the traditional stereotype: "Things are changing, and many
gay people feel a greater freedom to be out in more traditional occupations,
including banking, law enforcement, and medicine" (Harmon, 1994).
Of course, gay men still
encounter resistance in their entry into the non-stereotypical careers. There is evidence that leaders in the
traditionally male-dominated careers perpetuate strong anti-gay messages:
"Railroads, oil companies, auto makers, and metal benders generally have a
reputation for 'imposing heterosexuality'" (Stewart, 1991, p. 54).
The messages and the
expectations may partially account for the reported confusion among gay men
when it comes to making a career choice.
Etringer et al. (1990), in a study of career decision-making processes,
found that among 15 gay men, 18 lesbians, 16 heterosexual men, and 32
Heterosexual women - average age 20 - gay men showed the highest level of
career choice uncertainty of all four groups, and they also reported higher
levels of dissatisfaction with their career choices (along with heterosexual
women) than heterosexual men and lesbians.
The authors caution about generalising these results to the larger
population, but cite other studies, including a survey by Winkelpleck and
Westefeld (1982), which report that career decisions for gay males may be
particularly difficult.
Milburn (1993) addresses the
influence of homophobia at the career decision-making level in the case study
of a 23-year-old gay white male battling negative stereotypes in an MBA
program, his own parents' ambivalence regarding his sexual orientation, and
society's messages about homosexuality.
Milburn states that the preceding factors "caused significant dissonance
and prevented him from making a clear [career] decision" (1993, p. 196).
What is clearly missing is
systematic research and baseline data indicating where the occupational
interests of gay men lie, both historically and currently. Of course, one of the reasons for this lack
of data is the already-mentioned difficulty in identifying the population of
gay men. However, as society's attitudes
are changing and more gay men are coming out - both at work and in their lives
outside of work - the opportunities for conducting this much needed research
seem to be increasing.
Belz (1993), citing Strong,
Hansen, & Campbell, 1985, and Holland, 1985, suggests that counselors
administer the Strong Interest Inventory and also provide explanations of
Holland's personality and organizational types to facilitate clients'
self-explorations and help enable them to compare occupational interests. It could be argued that the same tests, as
well as other quantitative instruments which are often helpful in linking careers
to personalities, such as the Myers-Briggs Type Indicator (Myers & Myers,
1993), could be systematically administered to a large, nation-wide sample of
openly gay employees in all types of
jobs.
AWARENESS AND ACTION: KEYS TO UNLOCKING THE
CORPORATE CLOSET
There are many challenges presented to gay
men in the world of work. Often, they
are interrelated. These include negative
stereotypes held by employers and co-workers, the anxiety-producing decision of
whether to be openly gay or not (and all of the in-between possibilities, i.e.,
coming out only to selected co-workers), and the subsequent consequences of any
choice. Furthermore, gay males in the
workplace, as a group, have very few positive, successful, openly gay role
models.
Attitudes and Stereotypes
According to Newsweek, which conducted a poll on
attitudes about gay rights, most Americans believe that gay people should have
equal job opportunities (Ingrassia & Rossi, 1994). In another poll (by the independent firm
Mellman Lazarus Lake, Inc.), in a random sample of 800 voters, 70% said that
gay people should not face any type of unfair job discrimination (Winfeld &
Spielman, 1995). However, when asked
about specifics, in one poll, 46 percent of respondents stated that
"homosexuals" should not be hired as elementary school teachers, and
52 percent stated that they should not be hired as members of the clergy (Newsweek, 1992). These results seem to reflect the popular
myth that "homosexuals" are child
molesters and "promoters," and are immoral. In addition, a closer look at company
policies (as I will discuss later) reveals that many employers do not provide
protection against discrimination for gay people.
Furthermore, those in positions
of power (to hire and fire) may act on their irrational beliefs. O'Brien and Vest (1988) propose a scale based
on perceptions cited in the counseling literature as well as focus group
interviews with managers - to measure erroneous beliefs about the consequences
of employing gays and lesbians (e.g., employing gay people will result in lost
sales). The authors posit that those who
hold negative attitudes about gay people are more likely to reject gay job
applicants and fire employees discovered to be gay.
In contrast to the irrational
belief that gay employees bring productivity down, the opposite is often
true. Woods and Lucas (1993) list
several examples of how gay employees, fearing discrimination, may compensate
by "overachieving" on the job.
They often become the hardest workers with the longest hours in order to
help increase positive perceptions of their skills and loyalty and of
themselves generally.
Irrational fears of working with
people with AIDS, many of whom happen to be gay, also contribute to negative
stereotypes (Pave, 1985). In the first
national survey of HIV-related discrimination, conducted by tile American Civil
Liberties Union (ACLU) AIDS Project (1990), 260 legal and advocacy
organisations reported receiving or referring an estimated 13,000 complaints of
HIV-related discrimination in a 5-year period (from 1983 to 1988).
The ACLU report cites ignorance
about how HIV is transmitted, and as a consequence, irrational fear of
infection, as the first of three primary reasons for discrimination (the other
two are stigma/racial and anti-gay prejudice, and fear of economic loss). The authors state, "Although no
workplace transmission of the virus has ever been documented outside the health
care setting . . . medically unjustified firings, evictions, and denials of
service remain common" (p. 2). It
is apparent that irrational fears and anti-gay prejudices are still very much
alive.
Being Openly Gay at Work
There are several reports in the
literature citing the advantages of "coming out" and the
disadvantages of not coming out at work. Kronenberger (1991) states: "People [who
do not come out] must create elaborate defences to protect their private lives
so they can fit into the heterosexual work setting. Some play along when gay jokes are told,
'date' non-existent girlfriends . . . even invent a marriage that never
occurred" (p. 42). Hetherington et
al. (1989) posit that gay employees who do not come out experience continuous
stress, always fearful that their orientation will be discovered.
There are no clear-cut answers
to define the experience of coming out in the workplace because it is different
for everyone. Woods and Lucas (1993)
divide gay employees into three categories: "integrators" (who
express their sexuality on the job), "counterfeiters" (who pretend to
be heterosexual on the job), and "avoiders" (who don't pretend or
disclose, they just withhold).
Griffin (1992) identifies a
continuum of "degrees" of outness based on interviews and group
discussions with gay and lesbian educators.
The continuum contains six strategies for concealing or revealing sexual
identity at work: 1) being totally closeted (telling no one), 2) passing
(leading others to believe one is heterosexual), 3) covering (omitting
information), 4) implicitly coming out (sharing information without labelling
one's identity), 5) explicitly coming out (directly disclosing one's sexual
identity to chosen co-workers), and 6) publicly coming out (to the entire
school community). The benefits
(including honesty and relish and risks (potential loss of job or credibility)
change along the continuum, which, although derived from a study of gay
teachers, seems applicable to many other occupations.
Although there are very few
systematic studies to help formulate generalisations on the process of coming
out at work, descriptive and vivid portraits may be found in case studies or
individual accounts of those who have disclosed their orientation on the job.
Kronenberger (1991) quotes an
openly gay real estate consultant who states, "I'm not interested in
living a lie" (p. 40), which is a thought frequently mirrored in other
individual accounts. Mickens (1994)
advocates being openly gay in the workplace: "Silence becomes tacit
permission for discrimination . . . Communication is the only tool we have for
correcting misinformation and misconceptions" (p. 3). Powers (1993), the president of a firm that
helps organisations work effectively with gay employees and customers,
discusses his own experience in coming out on a former job: "The freedom I
felt was exhilarating. I blossomed, so
did my creativity and productivity" (1993, p. 11). These are just a few of the pro-coming out
stories, which make up many of the case studies found in the mental health
counseling literature. However, they
provide only one part of the picture.
There is, indeed, another side
to the story of coming out: "Interviews with a wide range of gay employees
indicate that those who are out to their co-workers believe that being openly
gay is almost always an obstacle to advancement to the highest levels"
(Freiberg, 1992, pp. 34-35). Woods and
Lucas (1993) provide several accounts of negative effects experienced by
employees who revealed their orientations, including loss of colleagues'
respect, diminished professional interaction, loss of authority, and anti-gay
remarks.
Surprisingly, some gay-friendly
researchers and authors do not always use descriptive language that respects
the decisions of those who choose riot to disclose their
orientations. In one instance,
Kronenberger (1991) refers to remaining quiet as "dysfunctional" (p.
42). In another, Woods and Lucas (1993), in the aforementioned
categories, use the term "counterfeiter" to describe those who choose
not to come out, though the authors must be aware of the seriously negative
side to coming out, as they provide several examples. The terms "dysfunctional" and
"counterfeiter" seem inappropriately judgmental, especially if
targeted to mental health professionals who may use the otherwise
well-researched and well-intended work of these authors to orient their own
ways of thinking and apply it to gay clients.
Until more is known about the
long-term effects of revelation of sexual orientation in what is often called
this "age of transition" (Zunker, 1994, p. 18) in the work-force, and
until more case studies are provided showing the negative sides of coming out -
especially on jobs in some areas of the country, such as the town of Lewiston,
Maine, which by popular vote, on November 3, 1993 struck down an ordinance
banning discrimination against gays (Leland, Rosenberg, & Miller, 1994) -
it seems that every employee's individual choice should be respected. In some cases, not coming out may prove very
functional, especially for less-experienced gay workers who may need to build
their experience and secure a paycheque.
In many cases, coming out means putting one's job on the line, and many
gay people cannot afford to do that.
Lack of Role Models
Due to the aforementioned
issues, plus the often invisible nature of being gay, as well as the virtual
historical absence of openly gay men in high-ranking positions in the top
companies, it is evident that gay men in the work-force do not have many role
models to provide examples and guidelines for success. Hetherington et al. (1989) state that
"exposure to diverse and competent role models is limited for many
minority groups" (p. 453). The
authors also report that this is very limiting to the awareness of occupational
choices. In this respect, tile lack of
role models can potentially do serious harm to gay men in their career
developmental process, especially in the exploration stage.
There are exceptions to this
rule, but very few. One of the richest
and most powerful openly gay men in the United States is David Geffen, who was
voted "Man of the Year" by editors of The Advocate (Lemon, 1992), a prominent national magazine, which
covers gay issues.
Geffen is considered a role
model for gay people. He is a leading
Hollywood mogul who produces hit records, movies, and Broadway shows. Recently, lie helped create the first new
Hollywood movie studio in more than 50 years (Sloan, 1994). (Ironically, many
gay recording artists and gay actors-including some who work for Geffen's
companies-are reticent to come out due to a fear of alienating their audiences
[Moerer, 1994].)
Another high-profile gay man who
became a role model was AIDS activist Pedro Zamora, who gained world-wide
prominence on the MTV show "Real Lives" and who died in early
November 1994 at the age of 22 of an AIDS-related infection. With his commitment to HIV education to young
people, he inspired the Dade County School Board in Florida to name its AIDS
Awareness Week in his honour (Mailander, 1994).
Nevertheless, openly gay role
models who can provide practical guidelines for success in the world of work
are difficult to find. Currently, the
best source of role models may be the networks of openly gay businessmen, or
tile courtroom dockets containing the names of those gay employees fighting for
their rights. Buhrke and Douce (1991)
suggest that counselors and educators invite openly gay professionals to lead
seminars and guest lectures. This seems
like another effective strategy in making career role models more visible to
gay men.
Gay Support Groups
There are ways that gay men can
seek out their own role models and support systems. Recently, many gay employees have established
workplace-related support groups and organisations similar to networks formed
by African Americans, Latino/as, Asians, and other minorities to discuss advocacy
of rights, benefits, and company policies (Kronenberger, 1991). (Kronenberger
also provides a sample list of some of the corporations which support such
networks: for example, Xerox, AT&T, Hewlett Packard, Levi Strauss, U.S.
West Communications, and RAND Corporation.) The need for counselors to help
clients access such networks is widely documented (Belz, 1993; Eldridge, 1987;
Elliot, 1993; Hetherington et al., 1989).
Several authors, including Elliot (1993), also promote the notion that
gay men must take the initiative in investigating professions and professional
networks. This is in keeping with the
notion that all counselees, no matter what the issue is, take responsibility
for change.
Additional Strategies for Change
There is a growing list of
innovative strategies for confronting discrimination in the workplace. Following is a selected (and by no means
exhaustive) sampling of citations that address such strategies. According to Kronenberger (1991), recently,
gay men have been "challenging employers to reconsider such issues as
employee benefits" (p. 40). The
author lists health care benefits for domestic partners and "alternative
families," bereavement leave for domestic partners, vacation leave
transfer (where employees donate earned vacation time to help other employees
who have AIDS), and parental leave benefits (when appropriate) among the
benefits issues concerning gay men.
Kronenberger (1991) also
includes non-discrimination policies, which give all employees the same
opportunity to enter, advance, and succeed in the organisation, as a concern of
gay employees. Furthermore, he
recommends diversity training programs in the workplace, featuring a sexual
orientation component, to dispel myths, encourage people to explore their
feelings, and enhance communication between all co-workers.
Winfeld and Spielman (1995)
suggest that workers who have disclosed their sexual orientation at work and
are comfortable in helping gay co-workers deal with on-the-job difficulties
become "coming-out coaches" (p. 47).
It is likely that such coaches would help change the atmosphere of the
workplace by helping to increase acceptance and facilitate communication.
At the core of many workplace
issues for gay men (including the question of health benefits) is the need for
the family partner relationships of openly gay employees to be recognised by
the workplace as are spousal relationships of heterosexual employees. Several authors (including Friskopp &
Silverstein, 1995; Woods & Lucas, 1993) document stories of employees who
choose to (or choose not to) invite their lovers and boyfriends to company
picnics and parties. These decisions
are, in many instances, non-issues for heterosexual employees.
WHERE IS IT WRITTEN?
A LOOK AT THE LAWS AND POLICIES
ON DISCRIMINATION
As we reach the late 1990s,
overall, gay men are still not specifically protected by employment laws. Furthermore, the few laws that explicitly
apply to sexual orientation do not always guarantee justice.
Employment Laws Protecting Gay Men
Until
fairly recently, gay men discriminated against by employers have received no
legal protection (Hedgpeth, 1979/1980).
Currently, there is no federal law that prohibits employment
discrimination based on sexual orientation, although various bills have been
proposed to amend Title 7 of the Federal Civil Rights Act of 1964, which
addresses employment practices (Tooks, 1994).
The Employment Non-Discrimination Act (ENDA), which would specifically
protect gay people, was introduced to Congress in 1994 but has still not been
passed (Winfeld & Spielman, 1995).
By the late 1980s, only eleven
of our 50 states legislated some degree of employment protection for gays, as
recognised by the National Gay & Lesbian Task Force (Schmitz, 1988). As of year-end 1995, nineteen states had
either civil rights legislation or governor's executive orders laws prohibiting
sexual orientation discrimination in public employment (Lambda Legal Defense
and Education Fund, Inc. [Lambda], 1995).
Of those nineteen, only nine protect gay employees in the private
employment sector as well. They are:
California, Connecticut, Hawaii, Massachusetts, Minnesota, New Jersey, Rhode
Island, Vermont, and Wisconsin (Lambda, 1995).
In addition, by year-end 1995, local municipalities in thirty-eight
states in our country had ordinances or policies providing some degree of
employment protection (Lambda, 1995).
Many states, unfortunately, do
not protect against sexual orientation discrimination. In the state of Florida, for example, the Florida
Civil Rights Act of 1992 prohibits discrimination on the job based on
biological sex. However, similar to laws
at the federal level, there is no specifically-worded mention of sexual
orientation. (Tooks, 1994).
Overall, "discrimination on the basis of sexual orientation is
still legal in much of the U.S." (Stewart, 1991, p. 44). Furthermore, having the laws on the books
does not always mean that they will be enforced. According to Paul Hampton Crockett, an
attorney who represents gay clients in workplace issues, other factors
(including the high cost of litigation and potential . job loss) "make it
difficult to bring the spirit of the law to life" (Crockett, 1996). Indeed, Crockett sometimes tells his clients,
"It's better to have a job than a lawsuit."
Because there is no current
federal law prohibiting anti-gay discrimination, gay employees who have been
unfairly treated must challenge the system on a case-by-case basis. Of
course, there is one federal institution where openly gay men do not have any
protection against discrimination: the U.S. military. In July 1993, Congress passed the
widely-publicised, controversial "Don't Ask, Don't Tell, Don't
Pursue" policy, designed to keep gays who are in the military also in the
closet. The policy preserves the
long-held notion and Defense Department Directive [No. 1332.141 which declares
that "Homosexuality is incompatible with military service" and allows
for discharges for homosexual conduct on and off base (Carlson, 1993, p. 40). According to Mickens (1994), the military won
its battle to show that gay people do not make suitable employees through
"politics and gross manipulation of fear and ignorance" (p. 2).
The pervasiveness and strength
of anti-gay stereotypes cannot be denied.
The military mirrors the U.S. work-force in general; it utilises and
profits from the contributions of gay men, yet it refuses to acknowledge their
orientation or treat them equally.
Laws Protecting People with AIDS (PWAs)
AIDS discrimination has been in
force since news of its existence first hit the media. AIDS discrimination in the workplace is no
exception. "With the increasing
prevalence of AIDS and the fact that gay men are a high-risk group with regard
to this disease, people may try to justify their anti-gay attitudes or
discriminatory behaviour" (Hetherington et al., 1989, p. 453).
Employment issues involving HIV
and AIDS surface in a variety of areas on the job, including unjustified
firings and, as Turner (1994) reports, withdrawal of health benefits from PWAs
without notice (Turner, 1994). A number
of laws have been applied to these areas.
The Employment Retirement Income
Security Act of 1974 (ERISA) has been used in cases of handicap discrimination,
sexual orientation discrimination, worker's compensation retaliation,
defamation, invasion of privacy, and intentional infliction of emotional
distress (Wing, 1986). Another law often
applied to cases involving PWAs is Section 504 of the Rehabilitation Act of 1973,
which "protects all people with disabilities from discrimination on the
part of the federal government and those entities which receive federal
funds" (Blumenfeld, in press). Due
to their varied and developing nature, interpretation and application of the
laws vary (Turner, 1994).
There are no laws specifically
prohibiting employees with AIDS from working.
By year-end 1994, thirty-three states had HIV/AIDS-related anti
discrimination laws which applied to work site practices (Winfeld &
Spielman, 1995). In 1988, the U.S.
Department of Justice released a legal memo stating that people with AIDS or
HIV infection were protected under the heretofore mentioned Section 504 of the
Rehabilitation Act of 1973 (ACLU AIDS Project, 1990).
In July 1992, the federal
government passed the Americans with Disabilities Act (ADA), which forbids
employers' bias based on employees' disability (Norton & Buch, 1993). This law covers AIDS and HIV. However, because there are still no national
laws specifically addressing AIDS and employment, those who face discrimination
must depend on individual case
interpretations, similar to the cases regarding gay employees, rights where
AIDS is not an issue.
Companies' In-house Antibias Policies
Besides looking for support and
protection front the legal system, gay males should also look at the
"laws" of the corporations they work for or are considering in their
job searches. Baker et al. (1995), who
conducted a 1993 survey (in association with the National Gay and Lesbian Task
Force [NGLTF]) of 1,000 of America's largest publicly held companies (as listed
by Fortune magazine), plus additional
high-profile, privately-owned companies, as well as selected smaller companies,
posit that the most basic indicator of where a company stands on treating gay
and lesbian employees is whether its anti-discrimination policies specifically
include the term "sexual orientation." The authors list only 132
companies (approximately 50% of the companies that responded to their survey)
as having such a policy.
In a separate study conducted by
the NGLTF (1993), only 67 companies (approximately 70% of the Fortune 1,000 companies that responded)
had non-discrimination policies that included sexual orientation, yet only five
companies (approximately 5% of the responding participants) provided domestic
partner benefits (NGLTF, 1993). (The NGLTF notes the disappointingly low number
of companies that chose to respond to their survey and the need for greater
sensitivity to the concerns of gay, lesbian, and bisexual employees.) Likewise,
a 1993 survey conducted by the Society for Human Resource Management (as cited
by McNaught, 1993) shows that 63% of respondents from the companies polled said they had anti-discrimination
policies, though only 38% had actual written policies.
While some in-house antibias
policies also cover AIDS-related issues, irrational fears of contagion continue
to plague people with AIDS or those who are HIV-positive. In a recent poll of 610 working Americans
conducted by the National Leadership Coalition on AIDS (1993), 78% believed
their employers would treat an HIV-positive employee like any other employee
who had a serious illness or disability.
Furthermore, 89% of those polled said employers should treat HIV-positive employees as they would employees with
other illnesses.
However, two-thirds of the same
sample of respondents admitted that they would not feel comfortable working
near someone who was HIV-positive, one-fourth said they should not feel comfortable, one-third said the HIV-positive
employee would be dismissed or placed
on disability at the first sign of illness, and one-fourth said that the
employee should be dismissed.
To combat such attitudes, some
companies provide diversity training as well as programs designed to increase
HIV/AIDS awareness. Digital Equipment
Corporation in Maynard, Massachusetts has been at the forefront in educating
its employees and facilitating open communication between HIV-positive
employees and their HIV-negative co-workers (Baker et al., 1995). On a national level, the National Leadership
Coalition on AIDS comprises many of the nation's leading businesses and labour
unions (National Leadership Coalition on AIDS, 1993). The Coalition helps develop effective
workplace policies, education, benefits, and working conditions for those employees
with HIV and their co-workers and managers.
IMPLICATIONS FOR MENTAL HEALTH COUNSELORS
It is clear that employers,
overall, have been slow to respond to the special needs of gay men. However, mental health counselors can make a
difference by providing the acceptance, support, and guidance that are all too
often lacking in their clients' places of employment.
Etringer
et al. (1990), in the previously mentioned study of gay, lesbian, and
heterosexual undergraduate students, report that gay men felt the greatest need
to gather information regarding career choices of all the groups
questioned. Mental health counselors
could provide that information or help clients access it. Several authors of recently published books
on workplace issues for gay people (including Friskopp & Silverstein, 1995;
McNaught, 1993) provide extensive lists of professional associations,
organisations, and resources.
Hetherington et al. (1989)
suggest that career counselors provide specialised programs geared toward gay men,
which may include interviewing skills, resume writing, job availability
information, relationship and "lifestyle" counseling, geographic
considerations, and stress management.
The authors also recommend that counselors create their own anti
discrimination policies and make them highly visible for clients. (The authors'
suggestions also apply to mental health counselors, who, as noted previously,
encounter clients with career issues.)
Mental health counselors must
also be careful of the (often invisible) heterosexual bias found in the
theories, models, and instruments they utilise.
Buhrke and Douce (1991) cite Harren's theory of career decision-making
which defines interpersonal maturity as intimacy with the "opposite"
sex, a task of "normal" development.
Gay men would (inaccurately) be considered immature according to this
theory. Similarly, prominent career
developmental theorists such as Donald Super, Ginzberg and associates, and
David Tiedeman (cited by Zunker, 1994) do not include gay identity issues in
their models. Therefore, mental health
counselors who utilise the work of these theorists to orient their ways of
thinking should also incorporate their own knowledge and experience in working
with gay men's identity development issues into the models they use.
Mental health counselors must
also take extra care to protect the confidentiality surrounding the sexual
orientation status of gay clients.
Buhrke and Douce (1991) warn that issues of confidentiality (including
what to write on clients' insurance forms) and repercussions of breaches may be
more serious for gay clients than heterosexual clients. For example, clients who are considering
careers in the military could potentially be harmed by a counselor's listing of
sexual orientation issues as a reason for seeking counseling.
Schmitz (1988) states that
counselors must be careful not to
impose their own values on clients, citing ethical standards involving clients'
individual rights. Eldridge (1987)
cautions counselors against buying into the heterosexual bias that contributes
to gender stereotyping of clients. She
also advocates using gender-neutral language in discussing relationship issues,
unless a client reveals his sexual orientation.
Croteau and Thiel (1993)
recommend ways for counselors to signal their understanding and acceptance of a
client's sexual orientation, even before the client discloses his orientation
in a counseling session. The authors
suggest that counselors use gender-neutral or gender-inclusive language in
their conversation with clients, and feature posters, books, and other visible
signs of gay affirmation in their offices.
CONCLUSION
As I have attempted to document,
the world of work presents a mass of contradictions and uncertainties to gay
men. For example, where one author
(Mickens, 1994) writes that it is "okay to be gay" (p. 19) in the
field of advertising, others (Baker et al., 1995) refute that belief. How an
employer will treat an openly-gay or assumed-to-be-gay employee will vary
in different places. In addition, while society's attitudes often
seem to be evolving, the lawmakers seem to be lagging.
Given all the uncertainty, it is
my position that mental health counsellors should ensure that, for any coming
out experience that occurs within a therapy session, the client is positively
rewarded with praise. Because of the
complex web of factors which underlie a gay man's decision to disclose his
sexual orientation in any setting, and the wide range of possible reactions of
the receiver (from non-judgmental acceptance to blatant discrimination),
counselors should define such a disclosure as a gift from the client to himself
(a possible landmark in the client's personal and professional growth) as well
as a gift to the counselor (the gift being one of trust and rapport). Counselors who do not recognise and emphasise
that gift may deprive their clients of the kind of positive coming out
experience that is never guaranteed in the workplace.
For those mental health
professionals who may be working on their own limitations in accepting and
valuing gay clients, one possible (and ethical) solution would be to view the
gay client's disclosure of his sexual orientation at the level of process
rather than at the level of content. (The notion of levels and categories of
communication has been described extensively by Bateson [1972].) The process of
coming out can be considered an act of courage.
At the very least, a counselor could value (and comment on) the bravery
often required to make such a disclosure.
It is one that heterosexual clients do not have to make.
Besides accepting and valuing a
gay male client and his decision to come out (or not come out) at work, mental
health counselors should employ the same non-judgmental attitude when helping
gay male clients deal with other work-related issues, including which
occupations to pursue. Although
stereotypes die hard (such as the unsupported notion that gay men are mostly
attracted to and populate certain occupations), the literature shows that they
are indeed dying. Mental health
counselors must help make clients aware of all the possibilities and support
any carefully thought-out choice.
ACKNOWLEDGEMENTS
Todd
Sussman wishes to thank Warren J. Blumenfeld and the reviewers of this article
for their helpful comments and suggestions, Maureen Duffy for her
encouragement, and his parents, Howard and Sheila Sussman, for their
never-ending support.
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