Rapid response to discrimination against LGBTIQ people at work: How can companies protect their employees?

Creating an inclusive work environment means, first and foremost, creating a space where psychological safety and a good atmosphere prevail. It is a place where employees can be themselves without fear of judgement or harassment. Such an atmosphere reduces stress and anxiety, which has a positive impact on team productivity.

As a queer person who is open about his or her orientation, I can say that constant control over what you say, post, and who you communicate with creates pressure. This not only affects your mental state, but also reduces productivity, because energy is spent on self-control rather than on work tasks.

Why it’s important to create a safe working environment and how it can affect team productivity and the overall climate

The research “(Non)discrimination of LGBTQI+ people in the workplace and inclusive labour market”, which we conducted with Fulcrum, showed that many people are afraid of losing their jobs because their sexual orientation or gender identity may be disclosed. This causes additional stress and affects the quality of work.

An inclusive environment is beneficial not only for queer people, but for all employees. It creates a culture of mutual respect and understanding, and helps everyone feel valued and accepted. This is important for anyone who may feel threatened by discrimination.

As a result, business productivity and profitability increase. Studies show that companies with gender-balanced leadership are more likely to have above-average profitability. This is because diversity of opinion leads to better decisions and more efficient problem solving.

Inclusiveness also helps to attract new talented employees. The younger generation is attentive to the social values of companies. Many people simply will not work in places where discrimination is tolerated. Such decisions can affect a company’s reputation and attract customers and investors.

In addition, the European Union is actively developing new legislation related to corporate social responsibility, in particular in the areas of human rights and non-discrimination. As Ukraine moves towards the EU, it is important to take these legal aspects into account when formulating business policies.

What can employers do to ensure comfort and safety for queer employees?

First and foremost, a comprehensive anti-discrimination policy needs to be implemented, which, in particular, clearly prohibits discrimination on the grounds of sexual orientation and gender identity. It is important that this policy applies not only to queer people but also to other marginalised groups. It should be incorporated into the company’s general code of conduct and regularly reviewed and updated in line with legislation and best practices.

There should also be zero tolerance for all forms of discrimination. Even the smallest incidents of discrimination should trigger a procedure, and the response should be proportionate to the seriousness of the case.

Given that only 5% of the 100 largest enterprises in Ukraine have public commitments to combat discrimination, this policy is extremely relevant. A study conducted by the NGO Fulcrum showed that a clear anti-discrimination policy contributes to an inclusive environment and makes employees, including queer people, feel more comfortable in the workplace.

In addition to policies, regular educational sessions should be held for all employees, including newcomers, on diversity, discrimination and alliances with marginalised groups. Specialised trainings with a focus on sexual orientation and gender identity can help to better understand the experiences of queer people, as well as train managers on how to effectively address integration issues.

Employee initiatives such as support groups can also be encouraged. Such groups can discuss problems and propose solutions that employers can support and implement.

For some industries, it is important to provide gender-neutral spaces or flexible dress codes to ensure the safety and comfort of employees. Confidentiality should also be a priority when it comes to mechanisms for reporting discrimination or concerns, such as anonymous hotlines or online tools.

In addition, it is important to regularly evaluate and improve practices through surveys or focus groups to understand employee attitudes towards the policy and its implementation.

How managers and employees can improve their knowledge of gender equality and non-discrimination

Team training should be structured and consistent. Initially, general inclusion training should be conducted, covering topics such as ethnicity, race, religion, gender identity and sexual orientation. This will help to understand why diversity is important, what benefits it brings and what challenges certain groups face.

After general trainings, it is worth focusing on specialised classes, for example, to understand the needs of the queer community. Interactive workshops, simulations of real-life situations (microaggressions, inappropriate jokes), opportunities for discussion and exchange of views – all of this contributes to a deeper understanding of the material than just listening to lectures.

It is also important to recognise subconscious biases. We all have them, and training will help us not only identify them but also find ways to counteract them. It is important that employees are aware of how these biases affect their decisions and interactions with colleagues.

Training can also include leadership development among marginalised groups so that they are better represented in leadership positions.

It is also worthwhile to teach people how to become effective allies: to support equality and fight discrimination in the workplace, even if the employees themselves are not LGBTIQ people or belong to any national, religious or ethnic community.

Feedback and continuous learning are essential for success. Companies can build diversity, gender equality and inclusion goals into their overall strategy, encouraging employees to achieve these goals through rewards and recognition – this is what European countries do and we can learn from their experience.

How to correctly respond to cases of discrimination or harassment based on SOGI in the workplace

Instant response and appropriate action. As soon as a report of possible discrimination or harassment is received, the appropriate process should be set in motion, as set out in the company’s policies. A quick response demonstrates that the company takes such cases seriously and helps prevent them from escalating.

Temporary measures may include transferring the perpetrator to another position, granting vacation to the victim, or changing their working conditions (transferring from offline to online, setting different working hours).

Confidentiality and transparency. It is important to maintain the confidentiality of all parties involved in the incident and avoid spreading rumours. The investigation procedure should be impartial and objective. For this purpose, external experts should be involved, especially if the situation involves management or managers, to avoid putting pressure on internal employees.

Collection of evidence and documentation. Investigations should include the collection of evidence (letters, reports, testimonies, etc.), but should avoid retraumatising the victim. All decisions and conclusions should be documented to maintain transparency and, if necessary, to provide this information to law enforcement or the court.

Focus on the victim. The main priority should be to protect and ensure the comfort of the victim. It is important to provide emotional support, inform them about the progress of the investigation and the involvement of specialists (psychologists, HR, etc.). All measures should be tailored to the victim’s needs, including flexibility in work arrangements.

Disciplinary measures. If the investigation confirms that discrimination or harassment has occurred, appropriate measures should be taken, such as mandatory training, disciplinary action, suspension or even dismissal, depending on the severity of the incident.

Post-monitoring. Once disciplinary action has been taken, the situation should be monitored to prevent conflicts from recurring. Company policies should be updated based on the results of incidents, including these points in training programmes.

Debunking myths. It is important to fight social myths that discrimination in the workplace is not a problem at all. Businesses need to understand that it is economically unprofitable to be discriminatory. As consumers, we can influence this by avoiding doing business with companies that practice discrimination, which in turn will encourage them to change.

This is a systematic approach to creating an inclusive and safe working environment that will help prevent discrimination in the future.

Mariia Klius, lawyer, human rights defender, author of the draft law No. 9103 “On the Institute of Registered Partnerships”

Written by ZMINA journalist Yana Radchenko