Many of the images and assumptions of LGBT people are strongly sexualised. Prejudices and stereotypes abound, it is therefore essential that all staff should have undergone sexual orientation and gender awareness as part of your overall equal opportunities training.
Accurate information and the right attitude can go a long way to bridging the gap when we are unsure of how to behave in a particular situation. The following are some general guidelines on working with LGBT people, they are not exclusive to other areas of valuing equality and diversity. However the unique aspect of Homophobia and Transphobia in society mean there may be some extra dimension to understanding the lives and needs of LGBT people.
This means workers and service users need a relationship of trust, therefore good communication and confidence in the organisation and the individual worker are essential.
The Trade Union Unison comments:
"The damaging impact of homophobia on people’s working lives has been powerfully illustrated by a new survey of UNISON’s lesbian and gay members. Fifty two per cent of the members responding to the survey –carried out early in 2003 by Lesbian and Gay Employment Rights for UNISON - had experienced harassment or other discrimination because they were lesbian or gay. Discrimination routinely includes not being appointed to jobs; verbal and physical abuse and threats from co-workers, managers or service users; unfair work allocation or over-supervision; not being considered for training or promotion; and denial of benefits available to other workers.
We hear of fewer cases of blatant sacking of people for being lesbian, gay or bisexual, but many people are forced out of their jobs. Nearly one in 10 of the members in our survey who had faced homophobic discrimination decided that the only way to stop it was to leave their job. Persistent harassment commonly leads to poor work performance, time-keeping and attendance, which in turn may lead to dismissal, with the root cause -homophobia- never being acknowledged. Many lesbian, gay and bisexual workers seek to avoid discrimination by concealing their sexual orientation. But such concealment comes at great personal cost."
Recent changes to legislation mean that people are now protected from discrimination, including harassment and bullying in the work place on grounds of their sexual orientation (that includes being heterosexual). Transexual people have had workplace rights since 1999 This guide is not about giving special treatment – it is part of the growing recognition of service providers of the need to respond to changes in society, including family structures, and apply an understanding of cultural diversity when delivering services.
A practical guide
Language and behaviour
Lesbian, Gay, Bisexual and Transgender are acceptable group terms, other names may be in common use but are best avoided as their use may depend on certain conditions/relationships. Sexual orientation is an accurate term, whereas sexual preference implies ones sexual orientation is a choice.
Be aware that you have lesbian, gay and bisexual service users, even if you don’t know who they are.
Challenge people using discriminatory language and behaviour. Seek to change the culture of the organisation rather than "police" language.
Discriminatory language includes expressions such as “practicing homosexual”; “lesbian tendencies”; “normal vs. unnatural”, "self-confessed transsexual”, “frequenting gay establishments".
Record keeping
Be sensitive about the way you request information from service
users, using language which is inclusive and gender neutral.
Ensure all paperwork – such as information leaflets and application forms - uses language which is inclusive of LGBT people and families.
Many people avoid the use of titles, such as Mr. Mrs. Ms., etc. Open a conversation by asking the person for their name and how they would like to be addressed. Stick to that form of address.
Address the person in the gender they present to you, it is not your place to question how closely a person fits your gender stereotypes.
Forms should ask for "gender" and not "sex". It is inappropriate to ask either in the case of applications for jobs or voluntary work unless there is a Genuine Occupational Requirement.
For transgendered people personnel records should not refer to a previous name. As from spring 2003 it will be unlawful to reveal that a person is transsexual.
The NHS guide suggests
“When asking about partners or family members, healthcare workers need to tell service users the reason for the request and how the details will be recorded. They should also explain how service users can gain access to their notes. Not all lesbians and gay men feel comfortable using the terms "lesbian" or "gay" to define themselves and some will have concerns about such information being documented. Healthcare workers should never make a record of a service user’s sexual orientation without their prior permission. If you seek such permission, you should discuss with the service user what the information will be used for, who will have access to it and how confidentiality
is maintained.
Significant others
Questions about "marriage" assume a person to be heterosexual and/or married. If information on close relationships is necessary perhaps ask, "do you have a partner?"
Do not rule out the possibility of transgendered people and/or people in same sex relationships having children where questions need to be asked about children.
Accept answers to questions about “next of kin” without prying into the nature of the relationship. Unless used in the strictly legal sense of next of kin it will be more helpful and more accurate to ask for exactly the nature of contact you require.
Dignity at work
Accept the perspective and definition of the person complaining about bullying, harassment or working in a hostile environment, do not dismiss it as being ‘over-sensitive’.
Being 'out' or 'outed' can have major implications for LGBT people. Someone who may be out and open in their job may not be out in their local community due to the effects of Homophobia. Recognise an individual’s right to be open about their sexual orientation or to conceal it.
Taking action
Monitoring the sexual orientation of the workforce is not required under current legislation but is part of good practice and may be required within the next few years. Seek advice before putting systems in place so as to ensure you follow best practice.
Try to provide a confidential route for LGBT people to discuss issues, apply for special leave etc. This may be via a senior personnel employee or diversity specialist.
Review all training and information provided to employees and include any aspects relating to LGBT awareness. e.g. Customer Relations; Managing and Supervising People; Legal aspects of the job, etc. Include examples and case studies of LGBT people in training.
Policies and practice guidelines
Ensure all policies and guidelines have explicit commitment to tackling discrimination on the grounds of sexual orientation and gender identity. This might include:
- supervision and appraisal
- discipline and grievance
- contracts, terms and conditions of service
- training and development
- harassment and bullying
- dignity at work and fair treatment
- disclosure of criminal records
- family friendly and work/life balance
- sickness and absence
- behaviour of the public with regard to employees.
Do not leave decisions to "the discretion of the manager"; discretion can easily become discrimination.
There is no need to limit policies to the current limits of the law. e.g. best practice would give equal rights to staff regardless of marriage although current legislation exempts rights by marriage.
Childcare and family friendly polices should refer to 'parents' rather than 'mothers' or 'fathers'. Use 'maternity support leave' in place of 'paternity leave'.
Dress codes should accommodate the needs of people who are transitioning.
Publicise your policies and complaints procedure widely to send out a strong message of your commitment to valuing equality and diversity.
Detailed information for employers
Please see the following external web sites:
A guide to the Sex Discrimination (Gender Reassignment) Regulations 1999
Acas - Advisory, Conciliation and Arbitration Service
Equality Network
UNISON Lesbian and Gay
Page last updated
7 December 2009
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