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Preventing unfair discrimination against LGBT+ employees

Certain guardrails and processes are required in an ever-changing work environment. FHH Consultants understands these intricacies and are committed to assisting our clients by creating a diverse and inclusive work environment.

We are dynamic in our approach and strive to deliver the highest calibre of standards to our clients. This article will focus on preventing unfair discrimination against LGBT+ employees at work on the basis of gender identity in South Africa.

According to statistics and despite recent advances in work regulations, employees are still subject to being unfairly treated with regard to hiring, promotion, benefits, and basic working conditions. Social opinions and attitudes related to an individual’s gender identity and expression should not be key determining factors in their career.

Research has found that a large population of the LGBT+ workforce chooses to conceal their gender identity and sexual orientation in the workplace to avoid prejudice and discrimination. This would ultimately lead to mental health consequences, isolation, and reduced productivity and progression.

In addition to unfair labour market practices, LGBT+ employees are also subject to limited training opportunities, access to social security, definitive pay-pay gap discrepancies, and very limited platforms for reporting harassment and mechanisms for resolving disputes.

So, what are the current solutions to prevent unfair discrimination against LBGT+ employees? Firstly, an emphasis on mental health awareness in an organization is the first step in ensuring open lines of communication and promoting a safe and inclusive environment for all. In-depth discussions and representatives from leadership should be identified, and focus group discussions, and good practice employers should continue to have open and transparent conversations for the progression of the unfair discrimination conversation.

In a South African context, LGBT+ employees are protected by several laws and acts. One such act is The Employment Equity Act (EEA) which provides the relevant procedures to deal with harassment and unfair treatment. Gender policies related to dress code along with the freedom to workplace attire is also an issue that has stereotypical behaviour associated that could be used to marginalise LGBT+ employees.

Diversity initiatives and campaigns to create awareness could assist in preventing unfair discrimination. Leadership in organizations should seek to investigate broad strategies to influence policy and address specific issues in workplaces. All stakeholders should be trained and given the correct information on laws, regulations, and best practices.

Contact FHH Consultants to assist your organization in creating and maintaining an inclusive and diverse working environment.