Resource Guide – Work place policy with specific reference to sexual minorities 1

Resource guide for employers To develop work place policy with specific reference to sexual minorities

MuthuKumar Natesan, Lotus Sangam

DineshKumar DakshinaMoorthy, Lotus Sangam

Resource Guide – Work place policy with specific reference to sexual minorities 2

Acknowledgments

Participants of Consultation meeting - Challenge (Federation of MSM CBOs) – , - We Can Network, - Tamil Nadu - Udhayam CBO – Pudukottai District, Tamil Nadu - Neithal CBO – Tuticorin District, Tamil Nadu - Kith and Kins CBO – Nagapattinum District, Tamil Nadu - EDMANNMMS CBO – , Tamil Nadu - Mayavaram AIDS Thadduppu Sangam – Nagapattinum District, Tamil Nadu - Minnal CBO – District, Tamil Nadu - Other individual advocates

Resource Guide – Work place policy with specific reference to sexual minorities 3

Background

Male-born sexual minorities such as kothis, gay, bisexuals, hijras, and other trans- gender people face a lot of issues at different levels. A considerable proportion of these communities belong to lower socio-economic status presumably due to lack of employment opportunities. Most kothis especially who are obviously feminine and transgender person did not given job opportunities based on their gender expression. Similarly, most gays, bisexuals and other MSM-identified people often discriminated at work place after voluntary or involuntary disclosure of their sexuality. Exceptionally, HIV- related NGOs/CBOs employ sexual minorities for a variety of reasons. However, most of these organizations do not seem to have work place policy with specific reference to sexual minorities. This calls the need for policy-level interventions at work place that ensure safe space for sexual minorities. Given the context, Lotus (which pioloted/initiated many innovative efforts in response to MSM and TG needs) initiated the effort of developing resource guide for employers to develop work place policy for sexual minorities.

Methodology

This draft resource guide for employers to develop work place policy for sexual minorities is developed based on desk review (mostly international documents) and a community consultation (organized by Lotus).

Objectives of the final resource guide:

- To educate employers (especially NGOs) about issues faced by sexual minorities at work place - To provide suggestive work place policies with specific reference to sexual minorities

Issues faced by male-born sexual minorities in general

It is crucial for employers to understand issues faced by sexual minorities in general and its connection with work place issues. Issues faced by male-born sexual minorities can be explained using social exclusion frame work

Social issues Economic issues

Issues faced by male- born sexual minorities in general

Political issues Legal issues

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Social issues

Family members often do not support sexual minorities. A variety of issues that include verbal & physical abuse, isolation & rejection, denial of family property are faced by sexual minorities in family. Society often stigmatise and discriminate sexual minorities based on their sexuality and or gender identity. Social stigma include being looked down upon, labeling & negative/generalized attitude towards such as hijra meant are sex work or MSM are sex solicitors

Economic and health issues

Most kothis and transgender people are school dropouts. Similarly, gays and bisexuals especially after voluntary or in voluntary disclosure of their sexuality face a lot of stigma and discrimination in schools. Lack of adequate education and lack of employment opportunities traffick most transgender into sex work and begging. While some gays and bisexual manage to sustain their job inspite of stigma and discrimination in workplace, most kothis resign their jobs without tolerating stigma and discrimination A variety of multiple-level factors such as lack of adequate education, lack of employment opportunities, and lack of familial support put the male-born sexual minorities at risk of contracting HIV. Similarly, sexual and reproductive health needs are often not adequately addressed. In particular, most hijra/trans-gender person do not get adequate state’s support (except TN) for sex transition surgeries such as hormone administration, emasculation, and breast augmentation surgery. Consequently most hijra/TG people assume the risk of thai-amma process.

Political issues Sexual minorities do not assume significant role in any state’s position or political parties although there are many sexual monitories with adequate political and governance knowledge and interest. Although some hijra/TG people contested local body election with social responsibility, they were not adequately recognized by public.

Legal issues - Sec. 377 that criminalizes adult consensual homosexual relationship in private - Human and civil rights violation (especially for hijra/TG people) - Lack of recognition for marriage

Issues faced by sexual minorities in work place - Verbal abuse

- Physical abuse

- Sexual abuse

- Lack of adequate knowledge about sexual minorities

- Lack of freedom to expression

- Not providing importance to ideas, experience, and expertise of sexual minorities

- Lack of meaningful involvement of communities Resource Guide – Work place policy with specific reference to sexual minorities 5

- Stress, depression, and other mental health issues

Suggestive (community-driven) policies at work place with specific reference to sexual minorities

Preference and or reservation in recruitment - Just like other traditionally marginalized communities such as women, adequately skilled sexual minorities meeting the employers minimum requirements shall be preferred to other employees (‘non-community employees’) - It is also suggestive to have some percentage of reservation for sexual minorities in jobs (especially in case of NGO/CBO’s project catering sexual minorities) - like pehchan (MTH community project) which reserves 60% of job positions at SR- level for MTH communities

Anti-sexual harassment policy - Sexual violence against sexual minorities at work place shall be addressed by having separate anti-sexual harrashment policy or including specifications about sexual minorities incase already such policy exist in organizations for women

Anti-discrimination policy - Policy to address discriminatory attitude of co-workers based on sexuality and or gender identity is needed

Maternity and paternity leaves - It can be seen in the most organizations that women staff offered this leave after child birth for some (three) months to take care of child. As sexual minorities may not get into the institution of marriage (heterosexual marriage) and male-female transgender presently do not have ability to give birth to child, three month maternity leave shall be provided to them in case they adopt child.

Medical leave - Preoperative transsexual undergoing SRS shall be given a considerable period of leave depending upon type of SRS (breast augmentation, emasculation) - Monthly I day leave for PLHIV under ART

Dress code - The organization shall develop exclusive dress code for sexual minorities especially for kothis and transgender person after consulting with those specific groups of sexual minorities. For example, some participants of the consultation suggested kurthis and t-shirts (with sleeves only) need to be seen as official dress code for kothis employed in NGOs.

Probation period - Traditionally marginalized sexual minorities only in recent past getting into (NGO) jobs. It is nature for one to expect relatively more time for sexual minorities than other employees (‘non-community employees who presumably more skilled and talented due to conductive environment) to prove themselves. Some participants Resource Guide – Work place policy with specific reference to sexual minorities 6

suggested that probation period for sexual minorities shall be double that of others.

Support spaces - Marital counseling for male-born sexual minorities who are in dilemma to marry - Stress burn-out mechanisms

Limitations of the document/resource guide - Lack of inclusiveness (specifications about gay, bisexuals/ MSM/TG belong to higher socio-economic status). Most participants of the consultation meetings represented kothis and hijra/TG person.

- Issues and suggestive polices mentioned in the guide are very boardly articulated. Specific details would possibly enrich quality of the documents

Follow-up

A larger consultation meeting which addresses the limitations mentioned above would enrich the quality of the resource guide. Lotus looks forward funding for the same or state-level sexual minorities network shall take this proceed with possible support from authors of this guide to benefit larger communities.