Roughly 40% of LGBTQ employees say they are closeted at work while 75% say they experience negative day-to-day workplace interactions related to their LGBTQ identity.

Those are some of the findings in a survey conducted by the Boston Consulting Group and New York City's Lesbian, Gay, Bisexual & Transgender Community Center. Releasing the results on Tuesday, the organizations said the survey involved 2,000 LGBTQ employees and 2,000 straight employees across the U.S. and represented a snapshot of diversity and inclusion in the workplace.

It's only been a week since the U.S. Supreme Court ruled on June 15 that federal workplace laws such as the Civil Rights Act prohibit employers from firing LGBTQ workers because of their gender identity and sexual orientation.

LGBTQ Pride Month this year, like every June, is a celebration of how far LGBTQ civil rights have come, but the survey shows more progress needs to be done in the workplace. In light of a tumultuous month with civil rights protests around the country amid an unprecedented pandemic, in-house counsel in charge of the human resources and diversity, inclusion and equity departments should check in with LGBTQ employees to see if they feel comfortable at work.

Many companies started the month with blanketing a rainbow flag over their logos to show solidarity online. Then the latest anti-Black racism movement stemming from the Memorial Day killing of George Floyd in Minneapolis made companies and their in-house counsel switch gears to show support for their employees and consumers. The two movements intersected greatly this month, especially highlighting the Black LGBTQ population experiencing double the discrimination.

The survey also found LGBTQ employees are more diverse than ever, including 28% under the age of 35 identifying as a woman of color. With the results, the organizations recommend companies pay attention to the intersectionality of all employees.

"This approach may seem complex, but it is necessary to unlock inclusion and can be scalable if the right tool kit is deployed. It does not require creating countless subgroups for each possible intersection or tailoring [human resources] policies," the survey's announcement reads. "Rather, D&I leaders and [employee resource groups] should equip their work-forces with a fluency in intersectionality, helping them understand all the possible contextual life factors of their LGBTQ colleagues and the experiences these unique identities create."

Along with race, other demographic factors include generation status, immigrant status, caretaker status, religion, managerial level, and income define each LGBTQ employee's work-life experience uniquely, the survey emphasizes.

Half of the LGBTQ employees who are out at work reported feeling more empowered and psychologically safe in their workplaces. Those who have experienced discrimination are less empowered, less productive and less innovative. A whopping 70% said they declined a job offer due to the company culture and 59% have quit a job over the culture.

Employee resource groups help, but the organizations call for intersectional allyship training to ensure all employees understand and accept the diversity, inclusion and equity measures the company has adopted.

"The simple existence of an ally program matters," the announcement reads. "Even straight employees at companies with an ally group who choose not to participate in it are more likely to recognize discrimination and more willing to speak up compared with employees who work at companies that do not have an ally program." It added an ally is three times more likely to intervene when witnessing a discriminatory event at work.

How did your company improve its diversity and inclusion programs for LGBTQ employees this year? Please let me know at [email protected].

WIPL is known for having some of the most engaging and energizing keynote speakers attend to share their thoughts, experiences, war stories and tips on effective leadership. And this year is no exception. This year, we are grateful to welcome two remarkable women come and inspire us: Tina Tchen, the President and CEO of the "Times Up" Legal Defense Fund and Paula Boggs, Founder of Boggs Media LLC and Former Executive Vice President, General Counsel and Secretary, Law and Corporate Affairs at Starbucks from 2002-2012. READ MORE

It's easy to sign letters and to tell the legal community how much you support diversity and increased opportunities for Blacks and other diverse groups. However, talk is cheap and continues to be cheapened by the decades of failed attempts at meaningfully moving the needle. What GCs must do moving forward is show that they are willing to go beyond being institutional to being disruptive.

- Donald Prophete, a partner at Constangy, Brooks, Smith & Prophete, in a Corporate Counsel commentary piece titled A Note to GCs From a Black Partner: Here Are Actionable Steps for You to Show That Black Lawyers Matter

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What's Happening

Pay Fueling In-House Counsel Job Searches

Approximately 40% of in-house counsel said they would be looking for another job in 2020, according to BarkerGilmore's 2020 In-House Compensation Report.

BarkerGilmore, which conducted the survey from February to April as the impact of the COVID-19 pandemic was just beginning, wrote in-house counsel who say they would look for new jobs may have a different outlook.

"While 40% of survey respondents indicated a probable job search in 2020, the effects of the COVID-19 crisis might impact these decisions," the report says. "Yet, as lawyers are an essential role to organizations, our search consultants have not seen a change in open legal positions."

Investigations Won't Wait in Pandemic

The number of internal investigations that legal departments find themselves grappling with may be on the rise due to enforced remote working.

On Wednesday, McDermott Will & Emery hosted a webinar titled "Best Practices and Tactics for Conducting an Internal Investigation in the COVID-19 Era" and one of the biggest takeaways was that the pandemic opens the door to a whole host of investigative activity.

"Any sort of alteration to your approach or your timeline should be thoughtful and reasonable and justified under the circumstances," said Dana McSherry, a partner at McDermott.

GCs Talk Reopening Business Amid COVID-19

A group of GCs on a recent webinar from the National Asian Pacific American Bar Association and the Asian American Bar Association of New York described what it's like bringing employees back to work amid the ongoing COVID-19 pandemic.

Elisa Garcia, chief legal officer at Macy's, saw her company shut down all of its stores, furlough approximately 80% of its workforce, and stop paying its landlords and vendors. Stores are now starting to reopen.

"Our online business has done really well, but we are not a machine designed to have all of our stores closed," Garcia said. "The immediate job has to be how you stop the cash burn."

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Women, Influence & Power in Law Awards

Corporate Counsel's Women, Influence & Power in Law Awards awards deadline for submissions is July 8.

We are looking for general counsel and law firm partner applicants in the following categories:

Crisis Management: Industry – General Counsel Banking & Finance

Insurance

Transportation & Infrastructure

Manufacturing & Chemicals

Technology, Media & Telecom

Retail & Consumer Goods

In-House & Law Firm Awards Innovative Leadership

Thought Leadership

Collaborative Leadership

Women's Legal Awards

General Counsel of the Year/Managing Partner of the Year

Lifetime Achievement

If you know a general counsel or law firm partner who qualifies for a WIPL award, then please apply here.

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Does Force Majeure Apply?

COVID-19 as a Trigger for Force Majeure: A Global Survey is a collaboration between ALM editors and McDermott Will & Emery lawyers Lisa Richman, Shawn Helms, Jason Krieser and Matthew Cin.

The authors developed the survey as a simple Q&A that allows companies and legal professionals to quickly access guidance for key questions across multiple jurisdictions, including globally. The ALM team designed the title to ensure easy access to answers as well as to the precedent underlying the guidance.

The publication, online and in ebook format, covers 10 countries and 16 U.S. jurisdictions, including California, New York, Illinois, Florida, Georgia, Pennsylvania, Massachusetts, New Jersey, Texas and D.C. The international sections help readers assess contractual obligations in Belgium, Canada, China, Germany, France, India, Italy, Japan, Mexico and the U.K.

The ebook can be purchased at Law Journal Press.

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On the Move

San Antonio-based Valero Energy promoted its GC to chief financial officer. In a rare move, Jason Fraser will begin his role as the company's CFO on July 15 and take over for Donna Titzman, who will be retiring. Deputy GC Richard Walsh now has the top lawyer position.

Katherine Pryor Burgeson, who has served as Ingevity's GC since 2015, decided to take early retirement in the wake of the North Charleston, South Carolina-based chemical company announcing plans to cut costs amid the COVID-19 pandemic. She will help with the job transition to her successor, Ryan Fisher, who will be Ingevity's former deputy GC.