DOJ Pride, a group representing the Department of Justice’s LGBTQ employees and contractors, has delivered a letter to U.S. Attorney General William Barr about the “declining morale” of, and outright discrimination against, LGBTQ workers.
The group cited two main concerns: the lack of a DOJ-issued Equal Employment Opportunity statement, and the results of an October 2018 survey that showed only 31 percent of respondents felt the department valued its LGBTQ employees.
The organization’s survey found that “morale is low among LGBTQ individuals currently employed in the Department, and that the Department is not recruiting and retaining top LGBTQ talent,” the letter stated.
Many survey respondents found the culture at DOJ to be overtly hostile to LGBTQ workers. In addition, men deemed not masculine enough were passed over for promotions or entrance to the FBI, while LGBTQ women were outright ignored in hiring. Fewer than 10 percent of respondents felt that the DOJ attracted and retained the best LGBTQ talent.
DOJ Pride’s concerns come at a time when the Department of Justice has been following President Trump’s lead on anti-gay and trans policies. In 2017 and 2018, then-Attorney General Jeff Sessions precluded LGBT people from filing discrimination suits based on Title IX, even though lower courts had ruled in favor of gay and lesbian complainants specifically under Title IX, which bars discrimination based on sex.
Three major cases — one involving a gay man and two involving lesbians — were poised to go to the U.S. Supreme Court after having been won at the circuit-court level based on Title IX. Sessions refused to allow any cases dependent on Title IX provisions to move forward, ostensibly siding with discriminatory practices against lesbians and gay men.
Conversely, during his confirmation hearing, Barr said that anti-LGBTQ discrimination should be illegal. He also agreed with Sessions’ position that such discrimination is not illegal under federal law at this time.
DOJ Pride’s survey found that the DOJ itself was a discriminatory workplace, with only 43 percent of LGBT employees feeling that “the Department of Justice does not discriminate on the basis of sexual orientation or gender identity or expression.”
Comments from the survey underscore the many biases against LGBT people working at and for the DOJ. One respondent claimed to be leaving the department “in part due to the DOJ’s treatment of its LGBTQ employees,” and another said that gay and/or Latino agents in the FBI academy are discriminated against and evaluated more harshly. Another agreed that the FBI academy dismissed gay agents because they are not “‘bro-y’ or masculine enough.”
The letter from DOJ Pride also stated that Sessions had failed to issue an Equal Employment Opportunity statement expressing commitment to a workplace “free of discriminatory harassment,” and that none had been issued since former Attorney General Loretta Lynch under the Obama administration.
PGN reached out to the DOJ for a response. In a statement, DOJ spokesperson Kelly Laco replied it was DOJ policy to create and sustain a work environment “free from harassment based on sex, race, color, religion, national origin, gender identity, age, disability, sexual orientation, marital or parental status, or political affiliation, among other factors.”
“The Department of Justice is committed to implementing policies that will ensure equal employment opportunity in all aspects of the Department’s daily operations and hiring practices,” Laco added in the statement.
Amber Hikes, executive director of the Philadelphia Office of LGBT Affairs, told PGN the complaints at DOJ were concerning on many levels.
“It is unacceptable for any person to feel unwelcome or discriminated against in their workplace. This alleged behavior is particularly concerning coming from an institution such as the Department of Justice, which is supposed to enforce the law and protect the interests of our country and its residents. All members of the LGBTQ community are deserving of protection under the law, as has been demonstrated by numerous federal court decisions in recent years.”
Hikes cited Philadelphia’s nondiscrimination legislation to protect LGBTQ people.
“We have been on the frontlines of fighting against discrimination for decades, with antidiscrimination protections for sexual orientation and gender identity on the books since 1982 and 2002, respectively. I’m proud that in our city, it is illegal for employers, housing providers, businesses, providers of public accommodations and city services to discriminate against anyone because of their gender identity, sex or sexual orientation. No one’s legal rights should be curtailed because of who they are, how they identify, or whom they love,” said Hikes. “I hope that leadership at the DOJ is willing to take the concerns of current and former employees seriously and help foster a more welcoming, inclusive environment for LGBTQ individuals moving forward.”