2017-02

Calling for the Enactment of Protections Against LGBTQ Workplace and Service Discrimination

SENATOR RICHARD MARTINEZ (NM), CHAIR IMMIGRATION, HUMAN AND CIVIL RIGHTS TASK FORCE

Sponsor: Rep. César Chávez (AZ)

WHEREAS, according to the Williams Institute of the University of California at Los Angeles (UCLA), there are at least 1.4 million LGBTQ Hispanic adults living in the United States; and,

WHEREAS, LGBTQ Hispanics show a strong integration to the Hispanic community because they tend to live in areas with a high concentration of other Hispanics. According to the Human Rights Campaign, one third of all same-sex Hispanic couples in the United States live in one of three states: New Mexico, California, and Texas. Other states with high LGBTQ Hispanic populations include Nevada, Arizona, Wyoming, Colorado, New Jersey, Kansas, Florida, and New York, as well as Washington D.C.; and,

WHEREAS, only 20 states, the District of Columbia, and Puerto Rico offer full statewide employment non-discrimination protection on the basis of sexual orientation and gender identity. All those jurisdictions, except Puerto Rico, also prohibit discrimination in housing based on both criteria. And, all those jurisdictions, except Utah and Puerto Rico, also prohibit discrimination in public accommodations based on both criteria; and,

WHEREAS, according to the U.S. National Library of Medicine and the National Institutes of Health, even though same-sex relationships generally have become more accepted in society, the increased levels of emotional stress amongst LGBTQ youth remains pervasive; and,

WHEREAS, according to a report published by the American Journal of Public Health, for every episode of LGBTQ victimization, whether it be physical or verbal harassment or abuse, including in the workplace or when receiving services, the likelihood of self-harming increases by 2.5 times on average; and,

WHEREAS, the rate of suicide attempts by LGBTQ youth is 4 to 6 times higher than amongst non-LGBTQ youth between the ages of 10 and 24; and,

WHEREAS, according to The Report of the 2015 U.S. Transgender Survey, 40% of transgender adults reported having made a suicide attempt with 92% of them reported having attempted suicide before the age of 25; and,

WHEREAS, the Log Cabin Republicans in conjunction with the Liberty Education Forum presented a whitepaper to President Donald J. Trump’s Transition Team titled The Importance of Maintaining the LGBT Non-Discrimination Executive Order, referring to Executive Order 13672, which prohibited federal contractors from discriminating on the basis of sexual orientation or gender identity, and was signed by President Obama on July 21, 2014. The whitepaper recalled that there has been a decades-long history of support from both Republican and Democratic presidents for executive orders prohibiting discrimination against minority communities, and that President Trump made a campaign promise to be a “real friend” to the LGBT community; and,

WHEREAS, on January 31, 2017, the White House issued a statement announcing that Executive Order 13672 would “remain intact,” underscoring that “President Donald J. Trump is determined to protect the rights of all Americans, including the LGBTQ community,” But, on July 26, 2017, President Trump announced that he plans to ban transgender persons from serving “in any capacity” in the U.S. Armed Forces; and,

WHEREAS, according to the 2016 Out & Equal Workplace Survey conducted by The Harris Poll, 2 out of 3 (67%) Americans of all ages, and 72% of Americans between the ages of 18 and 34, agreed with a law that would prohibit discriminations in employment, public accommodations (e.g. at a retail store, library, courthouse, or restaurant), housing and credit, on the basis of sexual orientation or gender identity, with 36% saying they “strongly support” such a law, while, by contrast, only 15% said they would “strongly oppose” it; and,

WHEREAS, every LGBTQ worker driven to leave their job is a lost opportunity and counterproductive to sustaining a productive economy; and,

WHEREAS, the United States economy faces an estimated cost of $64 billion every year because more than 2 million American workers leave their jobs due to unfairness and discrimination. A considerable number of those mistreated workers are gay and transgender individuals who have faced discrimination based on those characteristics; and,

WHEREAS, one in every ten LGBTQ employee has left their job because their work environment was unwelcoming, and more than one-third of LGBTQ employees feel that they must lie about their personal lives at work.

THEREFORE, BE IT RESOLVED, that the National Hispanic Caucus of State Legislators recognizes the importance of protecting the LGBTQ community from discrimination, the benefits it brings to all Americans in all areas, including social, intellectual and economic, and the importance of promoting non-discriminatory rhetoric; and,

BE IT FURTHER RESOLVED, that the National Hispanic Caucus of State Legislators encourages President Donald J. Trump, Members of Congress, Federal agencies, and all state legislators, to enact legislation and policies that prohibit discrimination against any individual because of gender identity, transgender status, or because of sexual orientation; and,

BE IT FINALLY RESOLVED, that the National Hispanic Caucus of State Legislators calls on President Donald J. Trump to keep the LGBT Non-Discrimination Executive Order 13672 and reverse his announced intention of banning transgender persons from serving in the U.S. Armed Forces; determining that a copy of this Resolution be sent to the President of the United States.


1. http://williamsinstitute.law.ucla.edu/research/census-lgbt-demographics-studies/lgbt-latino-oct-2013/
2. http://www.hrc.org/resources/being-latino-a-lgbtq-an-introduction
3. http://www.hrc.org/resources/being-latino-a-lgbtq-an-introduction
4. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3707280/
5. MPACT. (2010). Mental health disorders, psychological distress, and suicidality in a diverse sample of lesbian, gay, bisexual, and transgender youths. American Journal of Public Health. 100(12), 2426-32.
6. http://www.thetrevorproject.org/pages/facts-about-suicide
7. James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M. (2016). The Report of the 2015 U.S. Transgender Survey. Washington, DC: National Center for Transgender Equality
8. http://www.logcabin.org/wp-content/uploads/2017/01/LCR-LGBT-Executive-Order-White-Paper.pdf
9. http://www.cnn.com/2017/01/31/politics/lgbt-protections-trump-continues-obama-policy-federal-workers/index.html
10. http://www.cnn.com/2017/07/26/politics/trump-military-transgender/index.html
11. http://www.theharrispoll.com/business/2016-Out--Equal-Workplace-Survey.pdf
12. https://cdn.americanprogress.org/wp-content/uploads/issues/2012/03/pdf/lgbt_biz_discrimination.pdf
13. http://www.huffingtonpost.com/kurina-baksh/workplace-discrimination-_b_10606030.html