Surpassing Bostock: SEC Filing Deficits Mask Prevalence of LGBTQ+ Workplace Discrimination in Big Tech

Abstract

LGBTQ+ workers face workplace discrimination generally and there is growing concern about this issue in the tech industry. This research looks beyond the Supreme Court’s holding in the landmark Bostock case and President Biden’s subsequent Executive Orders 13985 and 13988. This research describes tech industry discrimination cases involving thirty-seven LGBTQ+ workers and offers ten legal and public policy recommendations for reducing incidents of workplace discrimination. We examined anti-Asian hate crime legislation as a possible model legislation for reducing workplace hatred toward LGBTQ+ workers. We also hypothesized that among the seventeen big tech companies we investigated, there would be few or no mention of employment discrimination in their SEC 10-K annual report filings. This hypothesis was supported by a review of eighty-five filings made over the five-year period between 2018 and 2022. Thus, one of our recommendations is that the SEC amend Part 229 of Chapter II Securities and Exchange Commission in Title 17 of the U.S. Code on Commodities and Securities Exchange for reporting legal risks and proceedings to mandate the reporting of employment discrimination cases. This heightened level of transparency may result in improved workplace conditions for n LGBTQ+ and other marginalized workers.