According to CBS News[1] , a
recent CareerBuilder study revealed that “about four out of 10 LGBTQ workers
report feeling bullied at work...The majority of those who said they were
bullied said it was by one person, while about 13 percent said it happened in a
group setting.”
Since sexual harassment in
the workplace has always been associated with unwelcome male/female conduct,
workplace rights in the LGBTQ community have been a grey area. But as the
community continues to gain the same rights as their heterosexual counterparts,
people who identify as lesbian, gay, bisexual or transgender are now protected
from unwelcome sexual advances in their place of work. According to
California’s Fair Employment and Housing Act or FEHA, “people who are of a
specific sexual orientation are protected under the law, thus making LGBTQ
harassment illegal not only in the workplace, but also anywhere else in the
state.” This means that any person of a different sexual orientation who is
discriminated against based on their sexuality or sexual assaulted at work has
the right to press charges according to new employment laws.
To ensure that harassment
is taken seriously in your workplace, here are examples of incidents that are
considered harassment and thus qualify for protection under these new laws:
1. Retaliation
for asserting legal rights in the workplace
2. Hiring,
firing, demoting or laying off a worker because of his/her sexual orientation
3. Failure
to pay LGBTQ workers because of their sexual orientation
4. Eliminating
benefits based on sex
5. Harassing
workers on being too masculine or feminine
6. Using
intimidation tactics that create a hostile work environment
While there isn’t one magical remedy to LGBTQ discrimination, specific
initiatives can be implemented in the workplace that make a difference.
Trainings: Discrimination can occur
unintentionally. Providing trainings for employees to help them gain
understanding and empathy can be a great resource for your business. Activities
that examine stereotypes, for example, can create awareness of the misconceptions
about the LGBTQ community. Teaching employees about hurtful language, how to
intervene if discrimination happens and how to provide support to the
community.
Supporting
Organization: Another great way to
encourage tolerance and acceptance is by supporting LGBTQ support groups and/or
LGBTQ employee resource groups. This
will communicate to your corporation that diversity is a priority and
discrimination isn't an organizational value. It will also allow employees to
find community, support and reassurance within their workplace.
Update
Policies: Take the time to update harassment training and policies in your
employee handbooks or resources, to include gender identity and enforce
harassment policies for all employees regardless of sexual orientation.
Working on an inclusive work environment? Need to create diversity
training programs? Contact VertiSource HR® today and our team of experts can
help! Call 855.565.VSHR (8747) or email us at info@vertisourcehr.com.
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