#lgbtq Archives - Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai

Protection Of LGBTQ+ Under The Sexual Harassment Act

Niharika — Fri, 31 May 2024 08:53:58 +0000

A recent case in the High Court of Karnataka has exposed the harsh consequences of workplace harassment faced by an LGBTQ+ individual. The loss of 35-year-old Vivek Raj has prompted a serious look at the current legal framework, especially the PoSH Act of 2013. It has become clear that the law needs a significant update to ensure the protection of everyone, no matter their gender identity or sexual orientation.

LGBTQ+ Discrimination in The Labour Market

Marina Maria Gorsuch, Assistant Professor at St. Catherine University, studied workplace dynamics for the LGBTQ+ community, exploring if gay women face challenges similar to heterosexual counterparts. Using fictional resumes with LGBTQ+ indicators, the study found that while straight women received favorable ratings, a discriminatory effect emerged when LGBTQ+ indicators were present. Male respondents exhibited a clear negative bias, especially against gay men. Interestingly, women showed a smaller, statistically insignificant negative response, highlighting nuanced challenges within the LGBTQ+ spectrum.

The plight of the LGBTQ+ community in India is not far off from the east. The case of Vivek Raj is proof enough.

Reflecting on a Decade: Is the PoSH Act Enough?

It’s been ten years since the Sexual Harassment of Women at Workplace Act was put into action in 201It’s time we take a closer look at how effective it has been. While it was a good step towards a safer work environment, the challenges of 2022, especially post-pandemic, show its limitations. The law, designed for women, unintentionally overlooks that anyone, regardless of gender, can be a victim of sexual harassment.

A Glaring Omission in Coverage

The PoSH Act, 2013, has been a commendable step toward fostering a secure work environment. However, the law requires a transformative update to address the dynamic intersectionality prevalent in today’s fluid professional arenas.

Every office today harbors members of the LGBTQ+ community who often find themselves subjected to various forms of harassment, ranging from intrusive personal questions to exposure to explicit content. The realization strikes that the existing legislation, while well-intentioned, focuses solely on protecting women, inadvertently overlooking the fact that any individual, regardless of gender, can fall victim to sexual harassment.

A decade since the enactment of the law, the need for change resonates louder than ever. The post-pandemic workplace dynamics have given rise to myriad intersectionality that demand immediate attention. The existing legislation’s gender-specific focus raises concerns about its discriminatory nature, emphasizing the need for a more inclusive and progressive approach.

The Call to Action: Businesses as Agents of Change

The current law neglects to protect men and members of the LGBTQ+ community.

The call to action is clear—develop a gender-neutral policy that safeguards all employees, irrespective of gender identity.

Implementing Zero Tolerance for Harassment Through CoC

The policy must be a beacon of intolerance for sexual harassment, empowering every employee to report instances in alignment with robust policies.

Companies must integrate this commitment into their Code of Conduct (CoC), fostering a culture of zero tolerance for sexual harassment irrespective or in a deeper sense, especially of gender, sexual orientation, and gender identity.

The fundamental rights of all employees must be respected, transcending discrimination based on gender identity. The Indian Constitution guarantees the right to life, equality, and prohibits discrimination through Articles 14, 15, and 21.

Creating a Sensitized Workplace: Collective Responsibility

The reimagined workplace should not only protect its employees but also sensitize them to the importance of shielding their colleagues from harassment. This collective responsibility, viewed as a human right, aligns with the ongoing initiatives surrounding mental health, fitness, and inclusivity across diverse backgrounds. This can start by understanding the terms:

Gender Identity

Definition: Gender identity refers to an individual’s deeply-felt internal sense of their own gender. It is an intrinsic understanding of being male, female, or another gender, which may or may not align with the sex assigned at birth.

Characteristics: It is a personal and subjective aspect of one’s identity, forming the basis of how an individual perceives themselves in terms of gender, regardless of societal expectations.

Sexual Orientation:

Definition: Sexual orientation relates to an individual’s romantic or sexual attraction to people of the opposite gender, the same gender, or both genders. It is a consistent pattern of emotional, romantic, and/or sexual attractions.

Diversity: Sexual orientation exists on a spectrum, including but not limited to heterosexuality, homosexuality, bisexuality, and pansexuality. People may identify with a specific sexual orientation based on the genders to which they are attracted.

Gender Expression:

Definition: Gender expression encompasses how a person outwardly presents their gender through appearance, clothing, grooming, and behavior. It reflects an individual’s interpretation and outward manifestation of their gender identity.

Cultural Variations: Gender expression is culturally influenced and can vary significantly across different societies and historical periods. It includes visible attributes such as clothing choices, hairstyle, and mannerisms.

Understanding these terms is crucial for effective communication, promoting respect for individual identities, and ensuring compliance with legal frameworks aimed at preventing discrimination based on gender identity or sexual orientation.

Revolutionizing the Sexual Harassment Act

The revolution envisioned in rewriting the Sexual Harassment Act heralds a future where companies prioritize the well-being of all employees, fostering a better workspace. The ripple effects extend beyond corporate boundaries, contributing to increased growth not only for businesses but for humanity as a whole. As more companies adopt progressive policies, the workspace becomes a bastion of happiness, reflecting the true spirit of inclusivity and progress.

Sensitivity to Language Changes

The language around gender, sexual orientation, and related concepts continues to evolve. Being sensitive to these changes and using inclusive language fosters an environment that respects the diverse experiences and identities within the broader community.

Gossiping or making fun of a co-worker’s gender identity, sexual orientation, or gender expression is a form of harassment. While the POSH Act does not provide direct protection to the LGBTQ+ community, some progressive organizations have taken steps to extend inclusivity and protection to all employees.

Here are some ways in which organizations can contribute to protecting the LGBTQ+ community:

Inclusive Policies

Forward-thinking organizations should choose to develop and implement inclusive policies that explicitly mention protection against harassment based on gender identity or sexual orientation. These policies can ensure a more comprehensive approach to preventing and addressing all forms of harassment, including those faced by LGBTQ+ individuals.

Internal Committees (IC) Inclusivity

Organizations can ensure that their Internal Committees (IC) responsible for handling harassment complaints are well-trained and sensitive to the concerns of LGBTQ+ employees. The IC can be educated on the unique challenges faced by individuals from the LGBTQ+ community and be equipped to address complaints without bias.

Training and Awareness Programs

Conducting regular training and awareness programs that include information on diversity, inclusion, and LGBTQ+ issues can foster a more understanding and supportive workplace. Sensitizing employees to the experiences of LGBTQ+ individuals can contribute to a more respectful and accepting environment.

Non-Discrimination Policies

Organizations can implement explicit non-discrimination policies that encompass gender identity and sexual orientation. Such policies send a clear message that discrimination or harassment based on LGBTQ+ status will not be tolerated.

Supportive Work Environment

Creating a supportive and inclusive work environment involves fostering a culture where diversity is celebrated and all employees feel valued and respected. Open communication channels and support systems can contribute to a workplace where LGBTQ+ individuals feel safe.

Advocacy and Allyship

Encouraging allyship within the organization helps create a network of support for LGBTQ+ employees. Organizations can actively participate in LGBTQ+ advocacy initiatives and events to showcase their commitment to inclusivity.

Tata Steel: Leading the Way

Tata Steel emerges as a beacon among employee-friendly companies, consistently introducing policies that enhance the well-being of its workforce. Recognized as the Top Employer for LGBTQ+ inclusion by the India Workplace Equality Index in 2020, Tata Steel stands as a prominent ally of the LGBTQ+ community. Offering perks such as Mediclaim insurance covering partners irrespective of gender and sexuality, leave for new parents, and a robust Diversity & Inclusion program, Tata Steel’s commitment to workplace diversity is evident.

Protecting LGBTQ+: A Moral and Business Imperative

The journey toward safeguarding LGBTQ+ rights under the Sexual Harassment Act is both a moral and business imperative. While individual organizations can take steps to create an inclusive environment, legal frameworks, including the POSH Act, may need to evolve to explicitly address the protection of LGBTQ+ individuals from workplace harassment.

As we navigate this landscape, let’s remember that creating an inclusive work environment benefits everyone, leading to a more equitable and prosperous future.

If you are advocating to create a safe space for the LGBTQ+ community in your workplace, this Starter kit can be of great help.

Please reach out to us for any queries on Protection Of LGBTQ+.

For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

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What Does LGBTQIA+ Stand for? Let’s Understand The Community Better!

Niharika — Thu, 01 Jul 2021 07:58:09 +0000

LGBTQIA+ is an acronym that represents different identities of the extremely diverse and inclusive community. To support an ever-growing community that is constantly evolving, it’s important to understand exactly what they stand for.

The first 3 letters of the acronym – LGB, primarily represent the sexual identity of an individual. In other words, the identity of a person based on their romantic interest, sexual interest, or attraction.

L – Lesbian: Refers to a woman who is sexually, romantically, or emotionally attracted to another woman.

G – Gay: Refers to an individual who is sexually, romantically, or emotionally attracted to another person of the same gender.

B – Bisexual: Refers to a man or a woman who is sexually, romantically, or emotionally attracted to more than one gender (not necessary that the attraction is simultaneous).

The letter T that follows has had quite a few terms and definitions, all dealing with gender identity. The most commonly accepted term corresponding to this letter of the acronym is as given below.

T – Transgender: This term refers to all those individuals whose gender identity or expression does not correspond or match with the sex (male/female) they were assigned at birth.

Trans and Transsexual have also been interchangeably used overtime in place of transgender.

However, while the former is more of an umbrella term for members of the transgender community, the latter only indicates those individuals who are in the process of transition or have already transitioned from one sex to another through surgery or medical treatments. Hence the term transsexual is to be used with great caution and sensitivity, and only after an individual has identified as being transsexual.

Another point to note is that, while many individuals choose to cross-dress, not all of them who do so are transgenders.

The letter Q of the acronym has two predominant terms or meanings.

Q – Questioning: This term refers to those individuals who are non-heterosexual but quite unsure of where they belong under the LGBTQIA+ community, exploring their sexual orientation and gender identity.

Q – Queer: This is the more common term and it happens to be an umbrella term for all those individuals with fluid gender identities and sexual orientations. (According to the concept of Fluidity, sexual orientation and sexuality is continuous and changes during the course of a lifetime.) The word also happens to be a blanket term for sexual and gender preferences, orientations, and habits of the non-heterosexual population.

Thus, this term encompasses Lesbian, Gay, Bisexual, and Transgender along with orientations and identities that don’t fall under these categories. It has also come to be used in place of LGBTQIA+ and many of the community choose to identify themselves as Queer.

The word “queer” has a certain history to it that’s hurtful. Queer was (and sometimes still is) used to belittle or disrespect LGBT people in a derogatory manner. However, more and more people of the community have begun to use the word with pride to identify themselves.

Here’s what the letter I of the acronym stands for.

I – Intersex: Intersex stands for individuals whose reproductive or sexual anatomy cannot be defined as either of the two typical sexes ? male or female. In other words, these individuals do not have the defined sexual anatomy that can be distinguished clearly. Their biological characteristics may also vary as it does for many of those in the community.

It is imperative to understand that Intersex and Transgender are not the same.

So then, what does A stand for?

A – Asexual: There are individuals who are not sexually attracted to anyone, even if they happen to be romantically or emotionally attracted. Being Asexual has been found to have nothing to do with mental illnesses/disorders, hormonal imbalances, or even celibacy. These individuals do not feel any sort of sexual attraction and that’s that.

A – Ally: Allies are individuals who do not belong to the community per se but support the LGBTQIA+ Community in any which way that they can, and fight against the intolerance the community has been facing and faces even today.

Last but not the least, here’s what the + denotes.

+ – stands for the ever-expanding community, with many more diverse orientations, preferences, and identities of the non-heterosexual population that hasn’t yet found a place in the acronym.

Listing a few more words here that haven’t been added to the Acronym, but have been denoted by the + and are very much included as part of the community.

Cross-Gender: Refers to an individual who wears the clothes of another gender. It is considered an intrinsic part of their identity.

Pansexual: Refer to individuals who are sexually attracted to all genders and sexes.

Pangender: Refers to an individual who has a non-binary gender identity. They experience all gender identities at the same time or overtime.

Demisexual: Refers to an individual who requires an emotional bond with a person to feel sexually attracted to that person.

Polyamorous: Refers to individuals who are open to consensual romantic and/or sexual relationships with multiple consenting partners, simultaneously.

Genderqueer: Refers to individuals with no gender, both genders, or a combination of gender. It’s more of a gender term.

Two-spirit: A term that is used by Native Americans as a reference to a third gender.

Androgynous: Individuals who display both masculine and feminine traits.

Omnisexual: Same or similar to Pansexual. Difference being, persons who identify as Pansexual feel attracted to people without noticing their gender, while those who identify as Omnisexual recognize the gender of potential partners.

The terms and definitions here are extensive but are still a far way off from being an all-inclusive list. That is the nature of the community itself. These are the basic definitions and more research can yield much more information needed to truly understand the community.

The LGBTQIA+ community has been around for as long as humans have lived but the acceptance for them has just begun and it is sad to note that we are still a long way to go. The community has been facing a lot of stigma and prejudice and the first step to stop the discrimination against them is to understand that they are humans too, as much of a human as any human being out there. They deserve the respect, dignity, and freedom of expression just like anyone else.

Understanding their struggle, being sensitive to their problems, openly voicing out support, and educating those around us about the community can help reduce prejudices to a great extent. At a corporate level, policies need to be drafted to include this community, giving them a safe and secure work environment, along with equal opportunities.

This Pride Month, let’s firmly decide to not judge anyone for their looks and preferences. Let’s have an open mind work towards the freedom and the acceptance the LGBTQIA+ Community truly deserves!

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Beyond the 6 Colours

CecureUs — Fri, 18 Jun 2021 04:47:42 +0000

Majority of us are familiar with the Pride flag. During the pride month, the six-color rainbow flag can be seen all over the stores, malls, social media and brands re-colouring their logo to match the six coloured flag. While the rainbow flag serves as a unifying symbol for all LGBTQ+ individuals, certain aspects of the Pride community have their own flags. ?Over the years, several groups, genders, and identities have created their own flags to raise awareness of their own needs and experiences. These flags give the communities a sense of representation, pride, visibility, belongingness, support and power.

”That's what flags are for. Flags are about proclaiming power ... that visibility is the key to our success and to our justice.
Gilbert Baker

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Why Must You Invest in Inclusive Diversity, as an Organization?

CecureUs — Wed, 21 Oct 2020 11:31:31 +0000

Organizational diversity is the presence of several traits among various employees of the organization. These characteristics could be because of belonging to diverse cultural and ethnic backgrounds, for the employees bring diverse perspectives to the team. For a diverse organization, inclusivity is critical for its diversity to succeed. Inclusivity refers to social norms in the organization that makes employees feel welcome and ensure a sense of belonging in the workplace.

Benefits of having an Inclusive and Diverse workplace

A diverse and inclusive workplace has its own merits. Some of them may be,

Higher productivity in teams throughout the organization,
Lower employee turnover,
Increased problem-solving abilities in the workplace,
Increased learning flexibility, allowing employees to learn from their peers at various levels of the organization,
Improvement in morale and employee quality throughout the organization.

According to recent research by McKinsey, gender and ethnically diverse companies outperformed their peers by 15% and 35%, respectively. While this small piece of statistics shows the impact of Inclusive Diversity (ID) in the workplace, especially in the corporate world, we assure you that it is but the tip of the iceberg.

Read on to know more reasons why you must invest in Inclusive Diversity in the workplace for the long-term success of your organization!

Attracting a diverse workforce is the goal of every hiring manager, but how successful are we in retaining talent?

Focusing on building a diverse workforce with Inclusiveness and equity left out of the equation in the workplace could do the organization more harm than anything. It not only gives rise to a hostile work environment unsure of how to treat its diverse employees, but it eventually leads to higher employee turnover rates.

For global reach, organizations must start profiling and hiring from diverse talent pools to employ the best talent in the workplace. Our strategies for engaging employees must go beyond hiring from the same colleges for the advantage of proximity and familiarity to include well-laid plans that help us tap into the vast potential coming with diverse talent pools.

Internationally, corporates have been reaping the benefits of investing in building Inclusive cultures by sowing the seeds much earlier. Imbuing and preparing our teams for Inclusive diversity is a long-term investment, but one that would pay off more than we now foresee.

In the current dynamic business environment, the need of the hour is bold and proactive decision making, and Inclusive diversity promises just that! Teams made of employees and leaders from diverse social constructs with unique out-of-the-box ideas, employees and leaders who are confident, rather than apprehensive in voicing out their opinions, ensure a culture of innovation and creativity, thereby fostering Inclusive diversity in the workplace.

Inclusive Policies that grant flexible hours, daycare services, and similar programs considering unique personal commitments for their female workforce, in particular, enable talented employees to perform their best and flourish in their companies reducing employee turnover to a great extent.

Several types of research indicate a positive correlation between companies that advocate LGBT inclusive and supportive policies and their productivity, performance, and profitability.

The biggest win for such organizations is creating a comfortable workplace for their employees to come out about their sexual orientation without the fear of judgment. The companies recognized globally as the most innovative and inclusive companies are those with stringent LGBT inclusive, anti-discrimination, and support policies in their workplace. Customer perception of these organizations has been tremendously positive, giving way to better customer relationships!

Clients have begun assessing service providers based on the employee diversity of their organization. Incorporating Inclusive Diversity and making it a part of the organization’s DNA could do wonders for the customer satisfaction that enterprises have been vying for, for decades. It is time we began building and sustaining diverse teams capable of designing and testing products/ services/applications to satisfy our organization’s Diverse end consumers.

Based on research by Catalyst, companies with more women on the Board of directors have been frontrunners in Inclusive diversity, outperforming their peers over long periods of time. Women leaders are often known to exhibit leadership styles that include good listening skills, and exceptional communication skills, fueled by empathy and a focus on team building, creating a progressive workplace. Furthermore, women leaders are known for their detail orientation and multi-tasking abilities, among many others, making them a force to be respected and reckoned with. To reap the benefits of having more women leaders, organizations need to work on policies that pave the way for unbiased workplace policies, enabling women to climb the corporate ladder for the sake of the organization.

In summing up, a workplace with policies of Inclusive Diversity welcoming every employee, irrespective of their background, sexual orientation, gender, race, colour, disability, or just about anything that differentiates them, sparks creativity, empathy, and innovation. It is the combination capable of converting your organization into a powerhouse of talent, productivity, and unparalleled success! Finally, your Competitors are already reaping the benefits of creating a diverse and inclusive work culture. Are you on top of your game?

To know more about our Prevention of Sexual Harassment (PoSH), Diversity, Equity and Inclusion (D,E&I) and Employee Assistance Programs (EAP) solutions do write to us at connect@cecureus.com or call us at +91-7200500221

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