Creating an inclusive workplace: HR strategies for supporting LGBTQIA+ employees

LGBTQIA+ employees in India face a significant risk of harassment and discrimination in the workplace. The Indian LGBT Workplace Climate Survey 2016 by Varta Trust, a leading LGBTQIA+ rights organisation, found that 40 per cent of LGBTQIA+ respondents reported experiencing harassment, and over 50 per cent feared termination due to their sexual orientation or gender identity. These findings align with global trends documented by the Williams Institute at UCLA. Their research published in 2021 suggests that up to 38 per cent of LGBTQIA+ workers worldwide experience verbal harassment due to their sexual orientation or identity.

The situation is particularly dire for transgender individuals in India. A 2017 report by the National Human Rights Commission (NHRC) focuses on the widespread denial of employment opportunities for transgender people. The document reveals a staggering 92 per cent of transgender people are denied the right to work.

Data limitations and legal loopholes
It's crucial to acknowledge the limitations of current data on LGBTQIA+ workplace harassment in India. Comprehensive national surveys are scarce, and existing data often rely on self-reporting from rights organisations.

Further complicating the issue is the lack of explicit legal protections for LGBTQIA+ workers. India's anti-discrimination laws don't currently encompass sexual orientation or gender identity. This legislative gap leaves LGBTQIA+ employees vulnerable and discourages them from reporting harassment for fear of losing their jobs.

An employee's perspective
"Discrimination is one of the biggest issues that LGBTQIA+ employees face in an organisation. This could range from overt prejudice to more subtle forms of bias that can affect opportunities for advancement and overall job satisfaction. This discrimination can manifest in hiring practices, promotions, and daily interactions to create a hostile work environment," says Karthik D, senior application developer at Thoughtworks India.

The 34-year-old, who identifies as non-binary, stresses that a lack of understanding and awareness about LGBTQIA+ issues can pose significant challenges. They elaborate, "When colleagues and managers are not educated about LGBTQIA+ identities and experiences, it can lead to a feeling of exclusion and a lack of appropriate support. Microaggressions, which are sometimes unintentional but still harmful, are another common challenge. These can include insensitive comments, assumptions about one's personal life, or misgendering, all of which can make LGBTQIA+ employees feel unwelcome or misunderstood."

Challenges faced
"Companies often struggle with the beginning of inclusion. Whether they should put policies in place before hiring or after onboarding," poses Smita Shetty Kapoor, CEO and co-founder of Kelp. Kapoor's firm is staffed with women and non-binary individuals who provide HR solutions to enhance understanding and implementation of diversity and inclusion policies. She further explains, "Creating a truly inclusive workplace for LGBTQIA+ employees remains challenging for many companies even after following an inclusive hiring pattern. One will be surprised to know how many people who are already in the system are queer but did not choose to come out at the workplace. The focus must not be on employees coming out, the focus must be on creating a space where people don't need to come out"

The HR professional tells us that fear of employee retaliation, creating specific infrastructural requirements (in some cases) changing the existing systems of policies and procedures to tweak the needs to LGBTQIA+ friendly language and inclusion can prove to be bottlenecks when implementing diversity and inclusion policies.

Organisational support matters
Despite these challenges, there are positive developments. Increased awareness and advocacy efforts by LGBTQIA+ rights groups are pushing for legislative changes. Additionally, companies like Godrej, Tata Steel, and Accenture are taking proactive steps to create more inclusive workplaces.

Strong HR support is crucial when creating a positive and inclusive work environment for LGBTQIA+ employees. "When HR actively promotes inclusive people policies and leads best business practices by example, it sends a clear message that the company values diversity and supports all employees," shares Karthik.

When asked how the support manifests in processes, they explain, "The function plays a key role in normalising the use of inclusive language, which helps affirm identities. By providing benefits that recognise diverse family structures and offering support for gender transition, HR demonstrates a tangible commitment to inclusion. Additionally, having clear and accessible employee policies when it comes to reporting discrimination and harassment ensures that LGBTQIA+ employees feel safe and supported."

Karthik goes on to share an instance of how effective HR support can significantly impact the well-being and inclusion of LGBTQIA+ employees. "When a colleague decided to undergo gender transition, the People Team at Thoughtworks India provided a comprehensive support plan, which included connecting the employee with resources on gender transition, offering counselling services, and ensuring their health insurance covered the necessary medical procedures. The team also worked closely with the employee to develop a communication plan, sensitising colleagues about the transition process and the importance of using correct pronouns and names. They also updated all internal systems to reflect the employee's new name and gender, ensuring consistency and respect across all company platforms. This proactive and supportive approach not only made the transition smoother for the employee but also fostered a more inclusive and understanding work environment."

How to measure inclusivity
"Companies can measure success by seeing how open and safe the work culture is. A happy workplace has lower attrition rates showing better loyalty and a boost in the performance of individuals. People of diverse backgrounds will feel encouraged to work with you and automatically your workplace will also have a drop in toxic workplace issues," shares Kapoor.

She also suggests that companies use data analytics as a tool for inclusion. "They can do prior and post-DEI benchmarking to understand in depth the culture and the change occurring due to workplace initiatives. They can look at retention rates, and attrition rates and mark the difference, in addition to conducting a culture survey to see how happy people are in that workplace," proposes Kapoor.

Addressing the issue
"All employment-based decisions should be taken based on objectivity and aim to recruit as diverse an employee pool as possible," states Kapoor. Stressing on equal-opportunity employment, she advises on hiring processes that are very transparent. She tells us about their processes, "We strongly advocate for ‘Ask before Assume' stance for inclusion and onboarding of an employee from the community and we also advise people to seamlessly include rather than pedestalise the employee and reduce them to their identity. Conducting training on unconscious bias with an inclusion of different intersections including the LGBTQIA+ community has also been an effective tool. We also talk about harassment of queer individuals by asking unwanted questions and their subjection to curiosity harassment."

Dipsi Takkar Kundal, head of diversity, equity and inclusion (DEI) at Thoughtworks India, poses, "True DEI impact requires integration across all business functions. Its multi-faceted approach includes regular unconscious bias training for all employees, including senior leadership. This training fosters a safe and inclusive environment where everyone feels valued and empowered to be their authentic selves. DEI policy prioritises attracting and nurturing diverse talent while ensuring an environment that fosters a sense of belonging. Its inclusive policies go beyond the traditional, offering benefits to same-sex partners.

Like Thoughtworks, here are a few ways employers can foster LGBTQIA+ inclusion in the workplace:

Building a strong community
An LGBTQIA+ and ally employee resource group that drives engagement and awareness through initiatives and discussions. A ‘Speak Up' policy empowers employees to voice concerns and reinforces Thoughtworks's zero-tolerance stance on bias.

Leading by example
Thoughtworks uses inclusive language and encourages preferred pronouns in all systems. It offers progressive benefits like same-sex partner coverage, gender-neutral leave policies, and support for gender affirmation.

Prioritising mental wellbeing
Recognising the challenges faced by the LGBTQIA+ community, employers can offer mental health services and foster a safe and respectful environment through a zero-tolerance policy on harassment and discrimination.

Proactive sensitisation sessions
Regular awareness programs and training on topics like biological sex, gender identity, and sexual orientation, ensuring a workplace that celebrates diversity.

How organisations can strengthen laws to foster inclusive environment
Eradicating LGBTQIA+ harassment in Indian workplaces requires a multi-pronged approach: strengthening anti-discrimination laws, implementing diversity and inclusion training programs within companies, and conducting comprehensive studies to understand the true scope of the problem. Kapoor lists diversity and inclusion policies and safeguards for LGBTQIA+ employees which are essential for organisations to implement to create an inclusive environment.

Hiring and insurance policies are not restrictive
Ensure your hiring, insurance and all other policies include everyone and do not have restrictive language which may make it difficult for people to encumber. For example, does your insurance policy allow for people to change their dead names? Does your insurance policy allow for partner benefits and not just spousal benefits?

Anti-discrimination and harassment policy
They should entail strict action against homophobia and transphobia and any kind of untoward incidents directed at people from the community.

Zero tolerance policy
This policy should state a clear message from the company that it will stand against all hate towards the community and will not tolerate any mistreatment towards queer individuals.

Anti-workplace harassment policy
It should be well defined, and entail detailed redressal for workplace harassment incidents since people who don't outrightly show homophobia often resort to other means to harass members of the community.

Employee resource groups
They empower employees from similar backgrounds to connect and advocate for a more inclusive workplace and should be created for different communities within the LGBTQIA+ umbrella.

Curiosity harassment
Ensure that there are separate and inclusive policies for transgender individuals and harassment prevention laid out specifically to prevent them from getting harassed out of unwarranted curiosity.