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Report Highlights Wage Gap That Could Be Closed with Legislation


There are numerous federal employment laws that dictate how and when employers and employees are protected from certain actions, from being mistreated on the job to theft of sensitive information. However, there is at least one notable protection that is lacking on a federal level in this country: protection against discrimination based on gender identity and sexual orientation.

Despite repeated attempts over the years, federal legislation that would make it illegal to discriminate against people in the LGBT community has yet to be passed. Because of this, according to reports, there exists a concerning "gay-straight wage gap."

This gap was identified through reports on wage comparisons among gay and straight men and women in Canada. The study focused strictly on Caucasian workers because there are still racial wage gaps that would complicate the study and make it difficult to interpret data.

Researchers have found that there is a hierarchy in how people are paid. From top earners down, the hierarchy appears to be:

  • Straight men
  • Gay men
  • Lesbian women
  • Straight women

The study found that men consistently earned more than women, but homosexual men were paid less than straight men. Conversely, lesbian women reportedly out earn their straight counterparts.

Numerous reasons are given for the differences in wages, from cultural bias to personal interests to career aspirations. But the fact remains that there is strong evidence of a gay-straight wage gap that many people argue should be addressed with legislation.

It will be interesting to see if studies like the one conducted in Canada will impact laws in the U.S.

It is important to note that Maryland employees are protected by state laws that prohibit discrimination based on sexual orientation. But because the state and federal laws differ on this issue, there is certainly room for questions, misinterpretations and concerns about what employers can and cannot do.

Any employee or employer who has questions about their rights and protections in terms of discrimination can discuss their situation with an attorney familiar with state and federal employments laws. Doing so can help people defend their rights and avoid a costly mistake or oversight
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Source: The Atlantic, "Unequal Pay: The Gay Wage Gap," Joe Pinsker, June 17, 2015