Overcoming Discrimination Against Lgbtqi Employees

OVERCOMING
DISCRIMINATION AGAINST
LGBTQI EMPLOYEES
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Tolerance for discrimination against lesbian, gay, bisexual, transgender,
questioning and intersexed (LGBTQI) employees in the united states is on the decline,
as employers are increasingly considering them as fully functioning members of their
organization and extending them the same rights as heterosexual employees (herek,
2006).
The reason for this progress may be attributed to the openness of LGBTQI
individuals in regard to their sexual identity and the acceptance of friends, family,
colleagues, and society in general. Prominent LGBTQI people are visible within the
workplace culture and professional organizations. Numerous social service
associations (including EAPA) support LGBTQI human rights issues.
There's been progress, but ...

The military's "Don't Ask Don't Tell" policy was repealed in 2011
(Service members Legal Defense Network, 2011 ), and various
corporations and jurisdictions in the U.S. now protect LGBT workers from
termination based solely upon theirsexual orientation.
Despite greater acceptance, a comprehensive
federalEmploymentNon-Discrimination Act protecting all LGBTQI
workers, regardless of their jurisdiction or place of employment, has not
been enacted (American Civil Liberties Union, 2007;Human
RightsCampaign, 2012) and LGBTQI individuals who do not benefit from
private and local protections can be openly discriminated against due to
their sexual orientation.
Progressive laws and changing social mores in America are
expanding the role of counselors and other human service providers to
intervene on behalf of LGBTQI workers. This includes employee
assistance professionals.
Ethical Responsibility of EAPs
The Williams Institute, a think tank on sexual orientation
law and public policy, estimates that between 16-43% of
LGBTQI workers report experiencing various types
ofemployment discrimination(Badgett, Lau, Sears, & Ho,
2007). Because there are no federal protections in many
jurisdictions, LGBTQI individuals can be arbitrarily fired
without recourse due to their sexual orientation.
Discrimination is complicated by other factors, such as racial
andethnicity, gender and gender identity, social class, and
education (Appleby, 2001 ; McDermott, 2006; Oldfield,
Candler, & Johnson, 2006).
Employee assistance professionals have an ethical
responsibility to promote a merit-based workplace and offer
education and consultation to foster a safe workplace.
In addition to EAP, other counseling human service organizations
concur that service providers have an ethical responsibility to provide
affirmative services for LGBTQI workers and to speak out against
discrimination. These position statements speak to the generally positive
treatment of LGBTQI employees by many human service providers.
For example, the American Counseling Association (2013) asserts that
providers should offer non-threatening services that reduce some of the
social stigma that accompanies LGBTQI inequality in the workplace.
Social work organizations note that providers need to acknowledge the
wide range of social identities, and learn to treat all people, regardless of
their identities, with dignity and respect (NASW, 2005).
The American Psychological Association (2008) adds that LGBTQI
identity is part of a normal continuum of sexual orientation identity, and
that it is not pathological.
Strategies for Providing Services to LGBT Workers
The following are some specific strategies for cultivating a
work environment which embraces LGBTQI workers:
* Consider your own knowledge base and/or biases about
LGBTQI workers. Many EA professionals grew up in societies that
tended to marginalize or undervalue the contributions of LGBTQI
individuals. In order to effectively provide services to LGBTQI
workers, EA professionals must examine their own knowledge
base, including any stigmatizing beliefs that they may
inadvertently endorse.
* Seek allies within your organization and your corporate clients.
Some large corporations may have LGBT employee resource
committees while smaller organizations may have more informal
LGBT support groups. Such groups can be useful referral sources
for LGBT employees who are experiencing challenging conditions
in their workplaces.
* Clearly state that you advocate on behalf of LGBTQI employees. LGBTQI
workers will not assume that you will advocate on their behalf unless you
make this known. Announcing your commitment to "diversity" is not enough.
EAPs need to specifically state that their services are LGBTQI-centered.
* Discuss LGBTQI issues. Encourage your organization and your clients to
openly talk about LGBTQI issues. This should go beyond human resource
training seminars on discrimination and harassmentprevention. Promote an
active dialogue by offering small group discussions about the contributions
of LGBT workers. For instance, the organization could celebrate birthdays of
prominent LGBTcivil rightsleaders and discuss their impact on society.
* Encourage affirmative LGBTQI employment. LGBTQI individuals are often
overlooked when they apply for a job or are denied a promotion and receive
fewer employment privileges and benefits than their heterosexual
counterparts. (They are often denied insurance for their same-sexspouse or
paid less). Actively encourage your organization and the organizations you
serve to hire and promote LGBTQI workers.
* Use inclusive language. EAPs should always use inclusive, gender-
neutral language. An LGBTQI employee may be assessing whether
you, in fact, offer safe and affirmative services. If you ask a worker
during an assessment whether he is "married" and/or refer to his
"wife" when he responds that he is married, you may be inadvertently
communicating a lack of inclusiveness. Use gender-neutral terms like
"spouse" or "partner" and include a blank space after options such as,
"Single," "Married," and "Divorced" on an assessment form so the
worker can respond accordingly.
* Start with the LGBTQI worker's present problem. Although
discrimination is always a possibility, do not assume that he or she is
experiencing issues related to sexual orientation. Many LGBTQI
workers are very comfortable with who they are and have found
themselves in supportive workplaces. In other words, their LGBTQI
identity may be a non-issue.
* Operate from a strengths perspective. Conversely, when providing
services to LGBTQI workers experiencing discrimination, it is important to
remember that many of them have experienced prejudicial behavior in
other workplaces. Engage these workers in solution-focused talks about
how they overcame these obstacles. They may be able to leverage past
experiences to help manage their current workplace issues.
* Come out to LGBTQI workers. While the clinical implications of disclosing
one's sexual orientation goes beyond the scope of this article, EAPs should
consider the possibility of "coming out" to LGBTQI workers if he or she
identifies as LGBTQI. Doing so can communicate that LGBTQI identity is a
part of everyday life, a normal part of the workplace and inspire a personal
sense of affirmation and pride. This also conveys that your organization
does not tolerate discrimination against LGBTQI workers.
SUMMARY
Overcoming organizational tolerance for workplace discrimination against
LGBTQI workers remains an ongoing debate in the United States. LGBTQI
individuals make important contributions to the workplace, and workplace
advocates, including EAPs, have a responsibility to ensure that the
workplace is safe, inclusive, and affirming.
Employee assistance professionals also need to advocate for the passage
of widespread employment protections for LGBTQI employees in the U.S.,
regardless of organization or jurisdiction. Although changing social mores
and progressive organizations have implemented changes in some
workplaces, EAPs must continue to campaign for the protection of all LGBTQI
workers.

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OVERCOMING

There's been progress, but ...

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