Put a Stop to LGBTQ Discrimination
As companies eliminate or greatly reduce DEI programs and strategies, HR must protect underrepresented groups like those in the LGBTQ community
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The numbers on the prevalence of LGBTQ discrimination in the workplace are staggering. UCLA's Williams Institute reports there are more than 13 million LGBT people ages 13 and up in the United States. According to a recent survey by the Center for American Progress, half of LGBTQ adults reported they experienced some form of workplace harassment or discrimination in the past year based on their sexual orientation, gender identity, or intersex status. This included firings, denial of promotions and work hours, and being subjected to physical or verbal harassment.
Discrimination is discrimination—regardless of the basis. At a time when everyone from management attorneys to HR organizations are weighing in on the external climate which is attacking everything from LGBTQ employees to diversity, equity and inclusion (DEI) initiatives, employers are caught in a ball of confusion. Let’s be clear, discrimination equates to disrespectful behavior. Harassment is a form of discrimination. DEI equates to treating people with dignity, and it’s a way to combat discriminatory behavior.
The impact of discriminatory behavior. For the individual, it can have adverse mental effects such as depression and anxiety, and adverse physical health—fatigue, headaches, and digestive problems. Consider if an employee under these circumstances is performing at their best. Discrimination is a human issue.
For the organization with employees experiencing adverse mental and physical health, the costs of health care claims and premiums will increase. Further, an organization that is perceived as unsupportive of LGBTQ employees—and all employees for that matter—can experience a lower level of job commitment leading to lower productivity rates, inability to attract diverse talent—or moreover qualified talent—higher turnover, and damaged reputation. All these factors negatively impact the bottom line. Discrimination is a business issue.
In the landmark 2020 decision, the Supreme Court held that discrimination on the basis of sex applies to an individual's sexual orientation and gender identity under Title VII of the Civil Rights Act of 1964. Other protections under Title VII are race, color, religion and national origin. Age discrimination and discrimination on the basis of disability status are covered under other federal laws. Discrimination is a legal issue.
Back to basics. DEI and discrimination on the basis of LGBTQ status are at a crossroads. Where do we go from here? What can organizations do to ensure that their workplaces are not only free of discrimination and harassment—all forms of discrimination and harassment—but that they are positive and engaging work environments?
First and foremost, address the human element. Create a culture of kindness and respect. This leads to everyone feeling included—feeling like they belong and want to be part of the organization. Recognize the value of each employee and allow them to bring their best selves to work every day.
Next address the business element. This begins with communication. Let employees and managers know what the expectations are—everyone is to be treated with respect and dignity. Communicate through actions. Leaders need to model the behavior they expect of others. They need to call out behavior that fails to meet expectations, and they need to recognize and reward behavior that does.
As part of the communication process, train managers and employees on how to recognize all forms of workplace discrimination and harassment and how to address it. Don’t consider this to be merely a "check-the-box" exercise to show good faith to an external agency that might investigate a claim in the future. Include participation by everyone, including senior leadership. That sends a powerful message. Give everyone the opportunity to ask questions and comment. Make sure the training is relevant to your organization and industry.
Consider including bystander training, which includes the 3As of: awareness, attitudes, and action.
- Awareness not only explicitly educates employees what types of behaviors they should be alert to, but it also explains why they should take action when they observe these behaviors.
- Attitudes, such as fear of retaliation (and there are others), may keep employees from speaking up in the moment. These dynamics and misguided attitudes can be improved and addressed if employees know that others are in fact concerned about disrespectful behavior.
- Action gives employees the skills to take small actions that help create and maintain respectful work environments.
Finally, address the legal element. Have a well-written, effective policy that follows the EEOC’s enforcement guidance. Such a policy should: define prohibited conduct; be widely disseminated and understandable to all workers including those with limited literacy skills or English proficiency; require supervisors to report harassment when they become aware of it; provide multiple avenues for employees to report harassment with identifiable points of contact for reporting; and explain the organization’s complaint process, including anti-retaliation and confidentiality protections.
The policy should include a process for investigating complaints promptly and effectively, and the process should be followed consistently. There also needs to be a process for taking corrective action.
Bottom line, discrimination, no matter its form, no matter its target, is disrespectful behavior. And disrespectful behavior does not belong in the workplace, or any place for that matter. Pay attention to, and enforce, the human issue, so you don’t have to worry about the legal issue. If you do so, your organization will thrive.
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