Sexual Orientation and the Federal Workplace Policy and Perception New Perspectives Conference Susan Tsui Grundmann Chairman U.S. Merit Systems Protection Board April 29, 2015

Employment Policy: History 1975 Civil Service Commission – Issued new guidelines that no longer disqualified applicants from Federal employment based on homosexual conduct 1978 Civil Service Reform Act – Enumerated ten prohibited personnel practices including a prohibition on discriminating based on conduct that doesn’t adversely affect performance 1998 Executive Order – Added sexual orientation to the list of categories for which discrimination in Federal employment was prohibited

Adjudicating Federal employee appeals of agency personnel actions Conducting reviews and studies of federal merit systems Our recent study topics include: −Fair and open competition for federal jobs −Veterans hiring and rights in the civil service −Understanding and addressing perceptions of favoritism −Sexual orientation and the federal workplace MSPB ensures that agencies follow merit systems practices by – U.S. Merit Systems Protection Board

Why was it Important to Study this Topic? OPM’s 2012 Federal Employee Viewpoint Survey (FEVS) Importance of employment rights for LGBT individuals This annual employee survey for the first time asked employees to self-identify their sexual orientation and gender identity giving us data on LGBT employee attitudes 57% of LGBT survey respondents to a 2013 Pew Research Center report said employment rights should be a top priority According to Gallup, by 2008 support for LGBT employment rights among the general adult population had held steady at 89% for several years

LGBT Federal Employee Demographics

Demographics: Population FEVS 2012 FEVS 2013 FEVS 2014 LGBT2.2%2.7%2.8% I Prefer Not to Say10.8%12.4%12.6% Do you consider yourself to be – Heterosexual or straightBisexual Gay or lesbianTransgender I prefer not to say

Demographics: Supervisory Status Non- Supervisor Team LeaderSupervisorManager Senior Leader LGBT64%14%13%7%3% Total66%13% 6%2% 2014 FEVS What is your supervisory status?

LGBT Federal Employee Workplace Perceptions

Why Does Employee Perception Matter? Pride in one’s work or workplace Effective leadership Opportunity to perform well at work Recognition received Prospect for personal/ professional growth Positive work environment/ teamwork PerceptionMoralePerformance

Workplace Perceptions: Discrimination In the past two years, has an agency official in your work unit discriminated in favor or against someone in a personnel action based upon sexual orientation? Yes, but I was not personally affected3% Yes, I was personally affected by this1% 2010 MPS

Workplace Perceptions: Employee Engagement In the past two years, has an agency official in your work unit discriminated in favor or against someone in a personnel action based upon sexual orientation? Yes, but I was not personally affected Yes, I was personally affected by this No 2010 MPS

Workplace Perceptions: LGBT Employee Attitudes 2014 FEVS QuestionLGBT Non- LGBT Physical conditions allow employees to perform their jobs well59%67% I have a high level of respect for my organization’s senior leaders45%52% Managers support collaboration across work units to accomplish work objectives49%55% Senior leaders demonstrate support for Work/Life programs48%54% I have sufficient resources to get my job done40%46% Employees have a feeling of personal empowerment with respect to work processes38%44% Managers promote communication among different work units46%52% Considering everything, how satisfied are you with your organization 51%57% % positive responses to selected 2014 FEVS questions

Workplace Perceptions: LGBT Employee Attitudes by Agency LGBT employee workplace attitudes are less positive than other employees across the Government Do LGBT employee attitudes differ by agency? Attitudes about organizational leadership Attitudes about the work environment

Workplace Perceptions:LGBT Employee Attitudes by Agency Leadership FEVS Question Employees have a feeling of personal empowerment with respect to work processes I believe these survey results will be used to make my agency a better place to work Managers review and evaluate the organization’s progress toward meeting its goals Managers promote communication among different work units Managers support collaboration across work units to accomplish work objectives Overall. How good a job do you feel is being done by the manager directly above your immediate supervisor/team leader I have a high level of respect for my organization’s senior leaders Senior leaders demonstrate support for Work/Life programs Considering everything, how satisfied are you with your organization

Workplace Perceptions:LGBT Employee Attitudes by Agency Empower- ment Survey results Prog- ress Commu- nication Collab- oration Suprvr Mgr RespectWork/ Life Satis- faction 2012 FEVS Leadership – % positive responses NARA AID OPM Commerce AID NARA

Workplace Perceptions:LGBT Employee Attitudes in NASA 2012 FEVS Leadership – % positive responses Empower- ment Survey results Prog- ress Commu- nication Collab- oration Suprvr Mgr Respect Work/ Life Satis- faction

Workplace Perceptions:LGBT Employee Attitudes by Agency Work Environment FEVS Question Physical conditions (for example, noise level, temperature, lighting, cleanliness in the workplace) allow employees to perform their jobs well I can disclose a suspected violation of any law, rule or regulation without fear of reprisal Policies and programs promote diversity in the workplace (for example, recruiting minorities and women, training in awareness of diversity issues, mentoring) My organization has prepared employees for potential security threats

Physical conditions Reprisal Diversity Security 2012 FEVS Work Environment – % positive responses Workplace Perceptions:LGBT Employee Attitudes by Agency NARA OPM VA

2012 FEVS Work Environment – % positive responses Workplace Perceptions:LGBT Employee Attitudes in GSA Physical conditions ReprisalDiversity Security

Why are there differences among agencies? Possible factors: Employees may feel the need to hide their LGBT identities at work Perceptions of non-inclusiveness Perceptions of inadequate employment protections Agency characteristics Workplace Perceptions: LGBT Employee Attitudes

Employment Policy: Environment Federal employees do not work in a vacuum Only 21 States and the District of Columbia have laws providing protection from sexual orientation discrimination in employment

Employment Policy: Communication My organization has made it clear that it prohibits discrimination based on a person’s sexual orientation Agreement Supervisors81% Non-supervisors68% Agency with most agreement82% Agency with least agreement58% 2010 MPS

Recommendations Congress can resolve any ambiguity that still exists Agencies: Inclusive, transparent management policies that are fair to all employees Provide training regarding the prohibition on discriminating based on sexual orientation Monitor LGBT employee attitudes Managers foster inclusive work environments that are accepting of all employees

Closing For reports and newsletters – mspb.gov