Pride Month: A reminder to employers to fly the flag

Pride Month is dedicated to celebrating people coming together in love and friendship to show how far LGBTQ+ rights have come. It also raises awareness of issues the LGBTQ+ communities face and how there is still work to be done, including in the workplace. A recent study by Randstad has shed more light on how LGBTQ+ employees fare in the workplace.

Its study found that just under half of LGBTQ+ employees feel comfortable discussing their sexuality or gender identity at work, with 28% avoiding it altogether. A separate study conducted by Deloitte revealed similar findings, with 60% of participants believing that it is important to be able to be out at work about their sexual orientation; however, only 43% feel comfortable being out with all their colleagues.

Isolation and loneliness are workplace issues for LGBTQ+ employees, too, with one-third claiming that they have faced worse treatment over the past five years and another third feeling more isolated at work than they did five years ago. Therefore, Pride Month should remind employers of their legal obligations to ensure their workplaces are free from discrimination.

The law

Employers have a legal obligation to protect the rights of LGBTQ+ employees. The Equality Act 2010 prohibits discrimination on the grounds of sexual orientation and gender reassignment. Employers must ensure equal treatment in all aspects of the employment life cycle, including recruitment, promotion, training, treatment of employees on a day-to-day basis, and during redundancies and dismissals.

The following types of discrimination are prohibited in the workplace:

• Direct discrimination: where an employee is treated less favourably because of their sexual orientation/gender reassignment
• Indirect discrimination: where a workplace practice disproportionately affects people because of their sexual orientation/gender reassignment
• Harassment: treatment of an employee which creates a hostile environment (stemming from their sexual orientation/gender reassignment)
• Victimisation: unfair treatment of an employee who has complained of how they are treated in terms of their sexual orientation/gender reassignment

Employers should know that, with certain types of discrimination claims, they need not have intended to discriminate for an employee to bring a claim against them.

8 Steps employers can take to reduce discrimination in the workplace

1. Developing and implementing inclusive policies – Employers should ensure there is a clear and comprehensive anti-discrimination policy that explicitly includes protection against discrimination based on sexual orientation and gender identity. Employers should also create or update an equal opportunities policy to include LGBTQ+ considerations.
2. Training and Education - Employers should provide regular diversity and inclusion training to all employees, including senior management. This training should include the specific challenges faced by LGBTQ+ individuals. Employees should also be educated about LGBTQ+ issues and terminology to foster understanding and respect in the workplace.
3. Support networks and employee resource groups - Employers should support the formation of LGBTQ+ employee resource groups to provide a space for LGBTQ+ employees to connect and share experiences. Non-LGBTQ+ employees should be encouraged to become allies and actively support LGBTQ+ colleagues to foster an inclusive working environment.
4. Inclusive benefits and facilities - Employers should ensure that health benefits cover LGBTQ+ specific needs, such as gender-affirming treatments. Any parental leave policies should be inclusive of same-sex couples and adoptive parents. Employers should also consider offering facilities such as gender-neutral toilets and dress code options to make LGBTQ+ employees feel more comfortable.
5. Review recruitment and promotion procedures – Employers should implement practices that ensure diversity, including advertising jobs in LGBTQ+ friendly forums and using inclusive language in job descriptions while ensuring existing LGBTQ+ employees have equal opportunities for advancement.
6. Respecting employees’ privacy - Ensuring that LGBTQ+ employees’ privacy is respected and their sexual orientation and gender identity are treated confidentially.
7. Visibility and advocacy – Employers can show visible signs of support, such as rainbow flags or participation in LGBTQ+ events such as Pride. Employers can also make more of a public commitment to LGBTQ+ inclusion through statements by leadership and participating in external benchmarks.
8. Reporting and addressing issues – Employers should ensure there are clear procedures, which are kept under review, for reporting discrimination, harassment, or bullying and ensuring complaints are taken seriously and addressed promptly. 

Creating a workplace that is inclusive and supportive for all LGBTQ+ employees offers several benefits. This includes the ability to attract and retain diverse talent, offering improved employee morale and engagement, enhancing a company’s reputation as an inclusive employer, and compliance with legal obligations, reducing the risk of discrimination claims.

Get in touch

If you have any questions about employment or our BLHR service, please get in touch with the BLHR & Employment Team. We will be happy to discuss how we can help.