LGBT Issues At Work
In UK & Around the World
Side by Side
A new guide puts the case for straight allies in the workplace
UK, Diva Magazine, August 2011
What is a straight ally?
A "straight ally” is a heterosexual person who believes that lesbian, gay, bisexual & trans people should be treated equally in the workplace or elsewhere and stands up for that belief.
In some workplaces, straight allies may hold official positions, such as "diversity champion” but anyone, at any level, can be ally. All they have to do is speak out.
Why do we need straight allies at work?
Research by Stonewall shows that despite laws that protect employees from homophobic bullying and discrimination, two in five gay people don't feel able to come out to their managers, while three quarters are not out to clients and suppliers (Workplace Equality Index 2011)
Coming out in the workplace is an ongoing process that can take a lot of energy, even if we do not encounter homophobia but remaining closeted at work is stressful too, and affects our performance and ability to bond with our colleagues
Straight allies agree that LGBT people should not have to take the lead in fighting homophobia at work.
"Our most senior out gay member of staff said, ‘I don't want to be the person who always has to champion sexual orientation issues – I want to focus on the job I do.'” Lucy Malarkey, Head of Neighbourhoods, Gentoo, Sunderland
Why should employers want to create gay-friendly workplaces?
Good employers recognise that LGBT employees flourish in workplaces where their identities are recognised and supported.
"Why wouldn't I want to add more value from 7% of my colleagues? If all I have to do is make sure they are treated with respect and dignity and allowed to be themselves, which isn't a lot to ask in this world, it's not a complicated conclusion to reach. And the loyalty that comes into is immeasurable. You get more from your staff, it's totally free and it's given with goodwill.” Bill Payne, Chief Exec, Metropolitan Housing Partnership
They want to recruit and retain the best people for the job.
At a time when universities are under pressure we need to find the very best talent, and to do that we've got to remove stigma and prejudice, because otherwise we are losing out on the opportunity to find great people. In a situation where we are under financial threat, equalities become even more important for survival.” Martin Hall, Vice Chancellor, Salford University
And they believe it is right.
"This is a people issue and while it's important to articulate the business case, I also think it's important to make the ‘treating people properly' argument. I always make It clear when I talk to people that it isn't a matter of ‘these are things we do because the law says we have to do it'. This isn't political correctness – it's simply about treating people properly and being a good manager.” Mike Eland, Director General, HM Revenue and Customs
What can straight allies do to help us?
Straight allies can raise LGBT issues in situation where LGBT people might not feel safe or comfortable speaking up. Their voices may have an impact that our voices lack
"When lesbian or gay colleagues get up and talk about LGBT issues, people hearing those issues may say ‘well you would say that, wouldn't you – because you're a member of the gay community.' When straight allies say the same thing it has a different impact.” Chris Murray, Member of the National Grid Leadership Team & CEO, Xoserve Ltd
Straight allies who are in management roles can offer to mentor LGBT employees.
"In a previous job at a rather macho organisation, I was asked to take on a member of staff, who was very bright but not doing very well. She was gay and I learnt a lot from her about how she felt in the workplace and how comments that were made really affected her performance. I was struck by that and through supporting her and getting her integrated in to the team I learnt a lot about what she had to deal with.” Louise Goldsmith, Leader, West Sussex County Council
And allies at any level can challenge homophobic banter, talk openly about their LGBT friends and family members and support LGBT colleagues when they decide to come out.
How can LGBT people support straight allies?
Allies are often wary of "getting it wrong” – approaching an issue clumsily or using bad terminology. Many have good intentions but little experience of LGBT issues, so cut them some slack.
"You don't always use the right terminology or say the right thing. Having a safe environment helps, where people can point things out and you can learn from others. I've certainly learnt from spending time with people from the LGBT network group – I've widened my knowledge of the issues gay people can experience within the workplace.” Justine Williams, Assistant Director, Barnado's North West
All quotes from Stonewall's guide, Straight Allies: How they help create gay-friendly workplaces.
Please click on link to see section of Stonewall website dedicated to LGBT people at work
Please click on Document Links to see a number of Stonewall documents related to LGBT people at work:
Stonewall - Straight Allies - Gay Friendly Workplaces
Stonewall Guide to LGBT Bullying & Harrassment
Stonewall Guide to Bisexual People in the Workplace
Stonewall - Religion & Sexual Orientation in the Workplace
Stonewall - Career Development - Support for LGBT Employees
Stonewall - Network Groups for LGBT Employees
Stonewall - Monitor Sexual Orientation in Workplace
Stonewall - How To Market To Gay Consumers
Report: 1 in 3 Gay Employees Closeted at Work
US, Advocate.com, 26 July 2011
An alarming percentage of gay individuals face employment harassment and often decide not to disclose their sexual orientation in the workplace, according to a summary of recent social science data by the Williams Institute.
In a review of studies including the 2008 General Social Survey, a national probability survey, the Williams Institute reported Monday that 38% of lesbian, gay, and bisexual employees who are out at work reported being harassed because of their sexual orientation. More than one-third of respondents said they were not out to any colleagues at work.
Surveys focused specifically on transgender workers in recent years have found even greater employment discrimination: a 2011 study, for example, found that 78% of trans employees 3had reported at least one form of harassment on the job, with nearly half experiencing discrimination in hiring, promotion, and retention.
Via the Williams Institute's Monday release:
Among LGB respondents to the [General Social Survey], 42% had experienced employment discrimination at some point in their lives, and 27% had experienced employment discrimination just during the five-year period prior to the survey. …
"This new data shows that it's still risky to come out about being LGBT in the workplace,” study co-author and Williams legal fellow Christy Mallory said. "Therefore, it's not surprising that the GSS data also show that one-third of LGB employees are not open about their sexual orientation to anyone in the workplace.” …
Not only does research document the pervasiveness of sexual orientation and gender identity discrimination, but also the negative impacts of discrimination on LGBT people. Because of discrimination, and fear of discrimination, many LGBT employees hide their identities, are paid less and have fewer employment opportunities than non-LGBT employees.
The full report is available here
The Williams Institute - LGBT Employment Discrimination Study - July 2011
Please click on link to see original article
Who Cares About LGBT Workers?
USA, Huffington Post, 31 July 2011
The Employment Non-Discrimination Act would prohibit employers from discriminating on the basis of sexual orientation or gender identity. ENDA has been introduced in Congress multiple times, but it has never passed. While federal law prohibits discrimination on the basis of sex, race, and other categories, it does not address sexual orientation or gender identity. Furthermore, only a handful of state laws prohibit employment discrimination on the basis of gender identity and sexual orientation. In most states, such discrimination is perfectly legal.
Although LGBT workers remain vulnerable to discrimination across the nation, ENDA has not received much attention from the media and from many groups that advocate for LGBT rights. Instead, same-sex marriage and the repeal of Don't Ask, Don't Tell have occupied most of the recent headlines and have dominated the contemporary advocacy of many LGBT social movement organizations.
While supporters of same-sex marriage often point to the economic benefits associated with marriage, ENDA would also potentially improve the economic situation of LGBT individuals by reducing their exposure to workplace discrimination. Furthermore, DADT is a classic example of employment discrimination. But, while DADT only focuses on military service members, ENDA would end discrimination on the basis of sexual orientation and gender identity among employers nationwide. Logically, if same-sex marriage and the repeal of DADT are valuable elements of LGBT rights, then ENDA is equally (or even possibly more) valuable. Nevertheless, it remains on the back burner.
LGBT People and Employment
Two recent studies demonstrate the importance of ENDA to LGBT rights. Both of these studies report the workplace experiences of LGBT persons. The first study, released by the Center for Work Life Policy, shows that 48% of self-identified LGBT college educated professionals remain closeted in the workplace. During an interview with NPR, Karen Sumberg, an economist who conducted the research, stated that most of the closeted individuals expressed fear of career reprisals as the reason why they hid their sexual orientation and gender identity.
In addition, the Williams Institute, a research center on sexual orientation and gender identity at UCLA, recently released a study which concludes that about one-fourth of LGB (not "T") workers report experiencing job discrimination or harassment based on sexual orientation in the past year. Among transgender individuals, the number was a staggering 78%. The Williams Institute, like the Center for Work Life Policy, also concludes that significant numbers of LGBT individuals remain closeted at work. Furthermore, the study states that LGBT individuals tend to earn less income and face greater rates of unemployment than similarly situated heterosexual and gender-conforming individuals.(on this issue, the work of Lee Badgett is well regarded).
Why So Little Attention on ENDA?
Despite this research, most of the nation's discussion of LGBT rights has focused on DADT and same-sex marriage. The impact of workplace discrimination, however, is very wide ranging, and it undoubtedly affects poor individuals, women and persons of color in the LGBT population even more dramatically. With all of this evidence, the lack of attention to ENDA is both perplexing and disturbing.
If employment issues are so important to LGBT individuals, why do social movement organizations that advocate LGBT rights spend so much of their time on marriage and military concerns? If workers are afraid of being openly gay or lesbian, then a formal same-sex marriage might not look attractive to them.
It is hard to document the reasons why ENDA has received only minimal attention recently. The following arguments, however, potentially explain the situation.
First, marriage and the military provide symbolic value in US culture. If LGBT people obtain access to these institutions, advocates believe (rightfully or wrongfully) that they will have shifted the very terrain of LGBT rights discourse. Some commentators, like Andrew Sullivan, have argued that this would complete the entire mission of LGBT equality (in his book Virtually Normal).
The lack of attention to employment discrimination could also result because many of the people who run mainstream LGBT social movement organizations live in jurisdictions that prohibit sexual orientation and gender identity discrimination by employers. Because they are not vulnerable in their own workplaces, this issue may seem less important to them.
Furthermore, as LGBT critics have long observed, many of the people who direct the advocacy of LGBT social movement organizations have relative privilege in society (based on gender, race and class). Consequently, they might not have to worry about job losses as much as more vulnerable persons within the population of LGBT individuals.
Although the foregoing arguments might explain the relatively lower priority given to ENDA among some LGBT social movement organizations, they cannot excuse reducing ENDA to obscurity. Class issues matter for LGBT individuals. Economic concerns exist outside of marriage. And job security is a concern for civilian LGBT workers. Based on the most recent research and the unprotected status of LGBT workers in most states, the passage of ENDA should receive far more attention from the media and from LGBT social movement organizations.
A version of this article first appeared on the blog Dissenting Justice.
Follow Darren Hutchinson on Twitter: http://www.twitter.com/dissentingj
Please click on link to see original article
Pride and transgender discrimination
Israel, http://www.jpost.com/, 29 July 2011
The era in which transgendered people accepted their silencing and their marginalization is coming to an end.
Adi, a transgender woman, was employed in a store in Tel Aviv. From the moment she was hired, her gender variance was apparent to all and was respected by her co-workers. However, the first time she arrived to work wearing makeup and a dress, she was immediately asked to change her clothes. Her managers prohibited her from coming to work dressed as a woman and insisted on addressing her in the masculine form, showing blatant disregard for her gender identity.
When she insisted on her rights, Adi was fired and told that she must inform her employees in writing whether her intention is to work as a "man" or "woman." They made it clear that if she wished to work as a woman, she would not be rehired, whereas if she consented to work as a man her renewed employment would be considered.
Adi is not alone and her story of workplace discrimination unfortunately is not unique. With the Jerusalem Gay Pride parade underway, and the general feeling of advancement of the LGBT rights in Israel, it is important not to forget the path still ahead.
There is a lot left to understand about transgender discrimination.
The term "transgender" is a political concept used to describe gender identities that do not fit neatly within socially accepted confines. Central to the general public perception is the belief that all people are divided into the two opposite sexes from which gender is derived directly: male and female. In this dichotomy, transgenders are people whose identities are incompatible with their bodies.
This is why transpeople feel like something is "wrong" with them, a feeling I know too well. As someone who grew up in this binary society, I knew that talking about my feelings of gender incompatibility was taboo. The more I delved into my own internal conflict, the more I realized that my discomfort did not come from any discrepancy between my biological sex and my gender but because I was committing a severe social transgression. For transgenders, the only way to avoid social sanctions is to "pass," to be identified with the sex or gender of their presentation, both in terms of appearance and behavior. The way to do this is to perform an identity that is either extremely "feminine" or extremely "masculine." But my personal experience has taught me that the accepted connection between sex and gender is a lie. Not only did I not want to be "masculine," but, given that the whole category is ostensibly derived from a biological sex, I would never belong to it because I was not born into it.
As a future attorney, I am asking questions about how the legal system can protect transgenders from real discrimination in the workplace and other arenas. Today, the transgender population's ability/desire to be "like everyone else" has great weight in determining their access to equal rights and to justice.
Transgenders who seek recognition of their identity must be more "normal" than the norm, i.e. they must adopt the rules of gender in their strictest, narrowest, and most sexist sense.
Protecting the ability of some transgender people to be "like everyone else" will leave unprotected precisely those who are most exposed to discrimination. Because as people become increasingly able to "pass" successfully, the chances that they will suffer discrimination because of their gender identity decreases.
Sexual discrimination is often thought of as differential treatment of women as compared to men and has been answered by examining whether the victim was discriminated against because he or she was a "woman" or a "man." Today illegal discrimination attributes importance to the essential differences between males who act in a masculine manner and females who act in a feminine manner. But when a woman is fired for being a woman, she is in fact being discriminated against because she is constantly establishing her identity through "feminine" markings - her clothes, speech, hair style, diction, spatial perception, and so on. In other words, she has created a gender presentation of herself as a woman. These external markings are the only things that the discriminating eye can discern. That eye cannot see the "biology" of the discriminated woman.
Recall that Adi wanted her employers to respect her identity as a transwoman not as a woman. Nevertheless, because her performance of femininity was not convincing enough, her employers labeled her appearance as "laughable" and liable to "scare away customers." She was asked not to come to work like that and subsequently fired. In seeking legal protection from sex discrimination, transgenders expose the fact that the category of "sex" does not represent a biological reality but rather the presentation of that reality, and it is the presentation that gives the biological its meaning - not vice versa. A transgender woman is no more "imitating" than any "real woman." A transgender person's complaint regarding discrimination should be based on the fact that sex discrimination is always discrimination on the basis of gender presentation. Therefore, the basis for comparison in cases of sexual discrimination must be reformulated.
In cases of discrimination on the basis of gender nonconformity, the basis for comparison should be individuals with coherent gender expression. That is, we must examine whether the person discriminated against received a different treatment from a person whose gender performance reflects social norms. Shifting the basis for comparison and redefining the categories of legal protection will ensure that discrimination on the basis of sex - be it biological, ontological, or social - will not be transparent.
And so Adi, who suffered from harassment in the workplace for her gender nonconformity, recently filed a lawsuit in a labor court. In the settlement procedure, her employers were required to compensate her in the amount of 30,000 NIS. This is not the first case and it certainly will not be the last one to reach our courtrooms. Both employers and employees must take into account the fact that the era in which transgendered people accepted their silencing and their marginalization - is coming to an end. This is the new pride.
The writer is a legal intern at the Association for Civil Rights in Israel (ACRI)