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Sexual Orientation and Gender
Identity in the Workplace
August 2009
Fairness in the workplace has been recognized as a fundamental
right protected under federal law. Currently, federal law
provides basic legal protection against employment
discrimination on the basis of race, sex, religion, national
origin or disability. However, there is currently no federal law
that consistently protects lesbian, gay, bisexual or transgender
(LGBT) individuals from employment discrimination; it remains
legal in 29 states to discriminate based on sexual orientation,
and in 38 states to do so based on gender identity or
expression.
As a result, LGBT people face
serious discrimination in employment, including being fired,
being denied a promotion, or experiencing harassment on the job,
regardless of how qualified they are or how hard they work.
However, it has never been as
critical as in today's diverse marketplace for all of us to
respect differences in Sexual Orientation and Gender Identity.
Not only is it the ethical and professional thing to do, but by
promoting fair and inclusive practices, you will be proactively
leveraging tangible business advantages while preparing for
potential shifts in EEO policies and procedures.
Did you know…
- On June 24 2009, Congress
introduced the latest proposal of the Employment
Non-Discrimination Act of 2009 (ENDA H.R. 3017). If passed,
section four of this Act would prohibit employers, labor
organizations, training programs and employment agencies
from discriminating against anyone because of perceived
sexual orientation or gender identity.
- Recent data shows that the
public overwhelmingly supports equal rights for LGBT
workers. According to a Gallup’s values and beliefs poll,
89% of Americans believe gays and lesbians should have equal
rights in terms of job opportunities, mirroring the
percentage reported by Gallup in 2004.
- Additionally, the number of
Gay and Lesbian households has grown 28% since 2000
according to the US Census Bureau and
www.mediabuyerplanner.com.
You may be asking yourself,
as an HR professional or Diversity and Inclusion champion,
“what can I do to get involved?” Below is a checklist that
you can use to ensure that LGBT employees and customers are
respected, leveraged, and included within your organization.
- Know your own
stereotypes and prejudices
Be aware of your own values, beliefs and any prejudices
that may shape the way you act and react to new
situations and experiences.
- Respect Differences
A respectful approach can go a long way toward
leveraging LGBT distinctions in the workplace. As a sign
of respect, and to help understand the viewpoints and
values LGBT employees might have, try to become familiar
with the fundamentals of today's LGBT communities.
- Do your part
Issues involving LGBT discrimination can't be
eliminated, but fair treatment and expressions of
concern by employers can go a long way toward improving
employee relations and minimizing the risk of claims of
unfair treatment.
- Review and update
your current company policies
Undertake a comprehensive review of current EEO policies
to ensure that language exists to not only prevent
discrimination and harassment on the basis of race,
color, religion, sex, national origin, disability, or
age but also SEXUAL ORIENTATION AND GENDER IDENTITY AND
EXPRESSION. Such an incorporation not only sets a trend,
but it marks a commitment to social responsibility and,
yes, equality.
- Consider a LGBT
Affinity Group
Forming a LGBT Affinity Group has two immediate impacts:
potential employees will use the presence of an LGBT
Affinity Group as an indicator of the company’s levels
of acceptance of LGBT employees, and current employees
will view a LGBT Affinity Group as a demonstration of a
company’s commitment to being an Out & Equal workplace
and will only increase employee satisfaction. In
addition, a LGBT Affinity Group often provides a
valuable link to potential LGBT customers, clients and
investors.
- Learn from your team
Utilize employee LGBT knowledge to avoid making mistakes
and to better improve the overall understanding of LGBT
and how they might impact your organization. An easy way
to accomplish this if you don't have a LGBT employee
network group is to hold pre-scripted and pre-approved
discussions during scheduled team meetings.
- Make your policies
public
Regularly express and reinforce strong, clear, public
statements which affirm your organization’s commitment
to ending harassment and discrimination in addition to
its appreciation of the value of all forms of diversity
- including sexual orientation, gender identity and
gender expression.
- Promote Acceptance
Illustrate to employees that they may express their
sexual orientation views - provided that doing so does
not impose on the beliefs of others.
- Provide Training
All employees, not only managers and supervisors, should
receive training on issues regarding sexual orientation
in the workplace. This includes exercises addressing
one’s stereotypes and prejudices,
homophobia/heterosexism workshops, as well as conflict
resolution and retaliation education.
- Market to the LGBT
Community
The effect of LGBT-specific marketing has two direct
benefits: increased brand-loyalty from an important
demographic and increased LGBT visibility. With
increased visibility comes increased LGBT acceptance.
- Offer Domestic
Partner Benefits
Providing Domestic Partner benefits illustrates an
organization's commitment to LGBT employees. This
offering demonstrates that LGBT employees are equally as
important as their straight counterparts, and will
assist in the recruitment and retention of talented LGBT
employees.
This topic and more can be found within our Diversity and Inclusion e-learning
product.
To request more information or for a no-obligation trial of our
products, please email
info@knowledgestart.com or call
toll-free 877.650.0454.
Who We Are
KnowledgeStart is an employee development company which, for the past seven
years, has specialized in online training for its U.S. and global clients.
We are a leading provider of award-winning e-learning programs and platforms
that maximize learning, increase collaboration and retention, and improve
competitive edge. Over the years, we have excelled in
enhancing organizational and individual productivity in topics such as
Diversity and Inclusion,
Generational Differences,
Harassment Prevention,
Business Ethics, and
Substance Abuse Prevention.
KnowledgeStart understands that every decision made by your employees eventually
crosses someone's path somehow and can often have a "ripple effect" across your
entire organization. Even the smallest of decisions can have a BIG impact on
your company and the people around you. Your workplace is an incredibly
inter-connected environment.
Through this understanding and our collective skill sets and experiences with
leading companies, we are proud to deliver innovative approaches to employee
training, compliance, and outcome measurement software.
Visit our website:
http://www.knowledgestart.com
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