Sexual Orientation and Gender Diversity in the Workplace

SEXUAL ORIENTATION AND GENDER DIVERSITY IN THE WORKPLACE

This publication proudly sponsored by NOT FOR DISTRIBUTION OUTSIDE OF Pride in Diversity Membership 1

The material in this book was sourced from Stonewall’s “Sexual Orientation Employer Handbook”, and was adapted for the Australian context. Stonewall is the United Kingdom’s leading lesbian, gay and bisexual charity, and Pride in Diversity acknowledges and appreciates their support in the production of this publication 2

PRIDE AND DIVERSITY ACKNOWLEDGES THE SUPPORT OF OUR FOUNDATION MEMBERS

Department of Defence 3

FOREWORD THE HONOURABLE MICHAEL KIRBY AC CMG

workplaces, homophobic comments Pride in Diversity was established and abuse are still used with alarming with the generous assistance of their frequency. For people who have revealed foundation members: Australian Federal their sexuality to their colleagues and Police, Department of Defence, Goldman employers, this cycle of abuse can have Sachs, IBM, ING, KPMG, Lend Lease and devastating consequences. Telstra. These are truly employers of choice for LGBT Australians and are to Exclusion and discrimination, both within be commended for their cutting edge the workplace and in the community, approach to LGBT diversity and inclusion contribute to negative health outcomes in the workplace. for the LGBT community. LGBT youth are more likely to self harm or suicide (iv), There is still some distance to travel on Embracing diversity in the workplace is and depression occurs at higher levels the road to equality for LGBT Australians. a vital component of a strategy to foster for members of the LGBT community. (v) However, the recent changes to 85 innovation and creativity. Diversity brings Research also indicates that LGBT people Commonwealth laws and the Fair Work openness to new ideas, a more creative experience increased levels of dependence Act remove much legal discrimination workforce and access to a wider range on alcohol and other drugs. (vi) against LGBT people in many spheres of of employee talent, as well as customer life, not least the workplace. It is especially bases. The forced invisibility of secrecy and denial timely that Pride in Diversity has produced is a self-preservation mechanism that LGBT ‘Sexual Orientation And Gender Diversity Pride in Diversity’s inaugural publication, people employ to cope with environments In The Workplace’ in association with the ‘Sexual Orientation And Gender that are not inclusive and that allow Stonewall UK and with the kind support of Diversity In The Workplace’, provides homophobia to flourish. When a person KPMG. I commend the handbook to your Australian employers with the tools is exposed to homophobic attitudes attention. to include lesbian, gay, bisexual (sometimes unwittingly expressed, often and transgender (LGBT) people in a not) he or she is not likely to feel safe By providing such workplaces, comprehensive diversity strategy. The in revealing their sexual orientation or organisations can demonstrate that book also explains the many benefits for gender identity. As such, they are forced they are truly ‘Employers of Choice’, not your organisation, your staff and your to be evasive and avoid personal or social only for the LGBT community, but for all customers, of being accepting and treating interactions with colleagues. The stress Australians committed to a fair go. your LGBT employees as equals. caused by being forced to constantly edit aspects of one’s life can significantly There is a well established body of reduce a person’s performance at work. research which indicates that LGBT people This, in turn, often leads to reduced career in Australia continue to experience social prospects and to LGBT people – opting exclusion. In 2005, the Australia Institute for second best – not realising their full found that one third of Australians potential. The Honourable Michael Kirby AC CMG. believed that being gay was immoral(i) and these community attitudes too often The Pride in Diversity program was (i) Flood, M, Hamilton, C, (2005) Mapping Homophobia in play out on the streets. NSW Attorney- launched in February 2010 and is Australia, The Australia Institute, Canberra General’s Department produced a designed to help employers make their (ii) Attorney General’s Department of NSW (2003) You report ‘You Shouldn’t Have To Hide To workplaces more inclusive and safe for Shouldn’t Have to Hide to Be Safe: A Report on Be Safe’, which found that 85% of LGBT LGBT employees. It is closely associated Homophobic Hostilities and Violence Against Gay Men respondents to their research had at some with Stonewall UK’s successful Diversity and Lesbians in NSW. time experienced abuse, harassment or Champions program, which has over (iii) Irwin, J, (2002), The Pink Ceiling is Too Low: Workplace (ii) violence. 500 private, public and third sector Experiences of Lesbians, Gay Men and Transgender People, organisations employing over 5 million in Australian Centre for Lesbian and Gay Research, University Homophobic abuse is also experienced workplaces that share values of diversity, of Sydney. by LGBT people in the workplace. Despite acceptance and inclusivity. (iv) Hillier, L, Turner, A, Mitchell, A, (2005) Writing Themselves anti-discrimination protection being In Again: The 2nd National Report on the Sexual Health in place in most jurisdictions, LGBT Pride in Diversity works with employers to & Wellbeing of Same-Sex Attracted Young People in people report levels of discrimination in ensure that their policies and procedures Australia, Australian Research Centre in Sex, Health & employment and workplace bullying and include and protect their LGBT staff. The Society (ARCSHS) La Trobe University harassment far in excess of the general program also helps employers bring (v) Pitts, M, Smith, A, Mitchell, A, Patel, S, (2006) Private (iii) population. about cultural change to ensure that Lives: A Report on the Health and Wellbeing of GLBTI LGBT people are accepted, included and Australians, Australian Research Centre in Sex, Health and In many workplaces, there may be policies valued for who they are. Pride in Diversity Society (ARCSHS), La Trobe University and procedures in place that discriminate encourages member organisations to use (vi) See note (v) above against LGBT people, and serve to exclude suppliers that share their values and to them and render them invisible. In other engage directly with the LGBT community. 4 5

CONTENTS

WINNING THE ARGUMENT ...... 7

MAKING IT HAPPEN ...... 12

BUILD A CULTURE OF RESPECT ...... 13

RECRUIT AND SELECT FAIRLY ...... 15

TACKLE WORKPLACE BULLYING AND HARASSMENT ...... 17

REVIEW TERMS AND CONDITIONS ...... 18

MANAGE PERFORMANCE FAIRLY ...... 20

ESTABLISH EMPLOYEE NETWORKS ...... 22

DELIVER TO YOUR CUSTOMERS...... 24

MONITOR AND EVALUATE ...... 25

THE LEGAL LANDSCAPE ...... 27

SAMPLE DIVERSITY POLICY ...... 30

MANAGERS CHECKLIST ...... 31

DEFINITION OF TERMS ...... 32

CONTACT POINTS ...... 33

THE GENDER CENTRE ...... 35

KPMG embraces diversity

KPMG is dedicated to creating an inclusive work environment where all individuals feel comfortable.

We want to encourage people to bring their whole selves to work through workplace initiatives such as KGEN – KPMG’s Gay, Lesbian, Bisexual and Transgender Employee Network.

Celebrating and facilitating diversity ensures we attract and retain the best people and stand apart as an organisation delivering exceptional value for our clients.

For more information visit kpmg.com.au

“As a gay man, I am proud to work for an organisation that accepts me for who I am, let’s me focus on reaching my full potential regardless of my sexuality and is serious about addressing the needs of GLBT people through initiatives like our network, KGEN.”

WINNING THE ARGUMENT BUILDING THE BUSINESS CASE FOR DIVERSITY

KPMG embraces diversity Diversity focus and initiatives within productive workforce. At the same time, control an estimated annual disposable Australian workplaces are gradually a company known to recruit actively from income of more than $10 billion2. gaining momentum. To date, within varied communities is likely to be more Australia, the focus of workplace diversity successful in promoting its goods and Significantly, LGBT consumers tend to has been on women in leadership, cultural services to a wider market. show higher levels of brand loyalty. diversity, Indigenous, generational issues, A survey by Millivres and Out Now disability and workplace flexibility/work- REPUTATION Consulting in the United Kingdom life balance. While there are a few obvious Organisational reputation is hugely revealed that 75% of all respondents leaders in the lesbian, gay, bisexual and important and becomes more so as report that advertising in gay media has transgender (LGBT) space, this is still fairly the world becomes more competitive positive effects on purchase decisions, new to Australia and as a result, there and consumers and service users more making them more likely to purchase from is still a lack of understanding as to its demanding. In the past, brand association an organisation that actively markets its necessity or need for inclusion. with sexual orientation was sometimes brands and products to the LGBT market3. seen as a liability. Now it is frequently The arguments for ensuring your perceived as an asset. Addressing issues In the public sector, LGBT people have organisation’s diversity policies and of sexual orientation and gender identity the same rights to access public services practices include LGBT people have never can demonstrate that an organisation as everybody else but may not feel able been stronger. is courageous and forward-thinking. to. They often find their specific needs It can also furnish an ideal platform to have been ignored or under-resourced LGBT people are more and more visible communicate a commitment to a key when they do, which can impact on KPMG is dedicated to creating an inclusive work environment in society generally and in the workforce human rights issue of our times that is also the effective delivery of a huge range where all individuals feel comfortable. in particular. The recent reform of 85 good for business. of services from health, education and discriminatory Commonwealth laws, as housing to criminal justice and leisure. We want to encourage people to bring their whole selves to well as state and territory protections, Conversely, a reputation for discrimination This can have significant cost implications. make it imperative that workplaces and can have a negative impact on an Alongside existing state and territory work through workplace initiatives such as KGEN – KPMG’s service providers do not discriminate organisation’s ability to attract and retain based anti-discrimination legislation, the Gay, Lesbian, Bisexual and Transgender Employee Network. against LGBT employees in their policies customers and clients, as well as staff. recent reform of 85 Commonwealth laws and benefits. Research by Harris Interactive in the mandate that LGBT people are treated Celebrating and facilitating diversity ensures we attract United States has demonstrated that equally in the provision of goods and and retain the best people and stand apart as an Progressive employers recognise that they almost three quarters of gay and more services. need to draw on talent from all sections than two in five straight consumers are organisation delivering exceptional value for our clients. of the population and create a workforce less likely to buy products from companies RECRUITMENT & RETENTION culture that embraces diversity and perceived to hold negative views of With skills at a premium, holding on to For more information visit kpmg.com.au equality, one that reflects the community lesbians and gay men1. expensively trained and nurtured staff has within which they operate. These become a key priority. Every staff member employers have four key motivations: In the private sector, robust diversity who leaves an organisation because of “As a gay man, I am proud to work for an policies and practices seen to encompass discrimination or stress has a potentially reputation — the need to show LGBT people can play an important part negative impact on the organisations organisation that accepts me for who I am, the right corporate image to an in attracting the ‘pink dollar’. While not all reputation as an employer — internally as let’s me focus on reaching my full potential increasingly discerning population of LGBT people have high disposable income, well as externally. regardless of my sexuality and is serious about potential staff and customers statistical evidence suggests it is a lucrative addressing the needs of GLBT people through recruitment and retention — the market for many businesses. It has been Remaining staff and potential recruits initiatives like our network, KGEN.” need to become an employer of estimated that Australian LGBT households lose confidence in managers and leaders choice to maintain competitive advantage in an increasingly Erin Goulding complex labour market Senior Manager productivity — the need to retain Telstra supports and celebrates diversity in our workplace - so we reflect the KPMG and engage the talent necessary for diversity of our customers we serve and the communities in which we operate optimal performance and live. Diversity is a business imperative and is interwoven in everything we risk mitigation — the need to do - from leadership, performance and talent management through to business comply with a robust set of anti- planning, strategic initiatives and reward systems. discrimination laws and avoid the Telstra is among a handful of Australian corporates to establish a strong escalating costs of litigation. network for our LGBT employees. Spectrum was launched on 1 December 2008 and already has almost 250 members. All our employment policies are These four strands of the business case free of discrimination related to sexual orientation and Telstra has signed on for diversity are interlinked. For example, to Australian Marriage Equality as an employer who recognises diversity of an organisation that strives to create an relationships among its employees and customers. Telstra continues to look for inclusive work environment free from opportunities where it can remain progressive and inclusive as an employer. unlawful harassment should also reap the rewards of a loyal, well engaged, more

who appear to be flouting their own value PRODUCTIVITY & EMPLOYEE ENGAGEMENT Organisations realise they need to statements. Retaining a motivated workforce is add value through recruiting, training, critical because it’s the discretionary developing and retaining the best people. As well as the cost of losing talented effort that employees make that is the staff through an intolerant working difference between an organisation and its A new generation, with different environment, there are the up-front competition. expectations from its predecessors, is expenses of replacing them. Turnover forcing employers to review how they costs in cases can range from 50 – 150% of So how can an employer leverage this recruit, manage and remunerate their the complainants salary, and the Australian discretionary effort? How can an employer staff. The values an organisation claims Human Rights Commission has found that increase efficiency and loyalty as well as to espouse and its reputation play an approximately 75% of complainants will lower recruitment and retraining costs? increasingly important part in its ability to leave the company. attract and retain talent. Productivity in Australia currently Australian research has demonstrated compares favourably with other OECD One of the core values that almost all that almost two in five of LGBT staff facing nations so it is hardly surprising, to organisations/workplaces share is the fair discrimination will change careers if the maintain a competitive advantage, and equal treatment of all staff and respect discrimination continues4. Stonewall in the boosting productivity is now a key issue for one another. Research shows that UK has found that being positive towards for employers — large and small. more than one third of lesbian and gay gay recruits is a litmus test for inclusive staff conceal their sexual orientation from and effective recruitment generally. Until recently, many believed this simply their employers and co-workers for fear of meant sweating assets — getting more harassment or discrimination5. This creates It’s not just about attracting the best from less. But increasingly the government unnecessary stress and tension for many LGBT people; it’s about attracting the best and economic experts are stressing the employees. But it also has consequences people full stop. importance of factors such as the skills for employers. People perform better base and declining levels of innovation. when they can be themselves. This obvious truth applies in particular to lesbian and gay staff.

Being a founding member of the Pride in Diversity initiative provides an excellent There is now evidence to support this opportunity to reinforce our commitment to maintaining an inclusive culture, both assumption. Research in America has internally and externally. found that gay employees in organisations with supportive policies and practices As part of Lend Lease’s commitment to achieving equality in the workplace, the received greater compensation and Lend Lease Australian Diversity Council created an Employee Resource Group (ERG) had more positive work attitudes than to support LGBTI employees. employees in organisations lacking such “Lend Lease is genuinely committed to achieving true equality across its workforce, policies6. embracing us all for our differences and similarities. We are focused on dealing with issues and concerns through education and communication, and we want to Conversely, LGBT employees who lack ensure everyone is equally treated – no positive or negative discrimination. the support to disclose their orientation or gender identity reported experiencing “We’re very proud of the fact that Lend Lease is the first property company to join heightened levels of anxiety, which results the Pride in Diversity initiative, and it’s important that our industry peers know that in negative work impacts7. we are an open-minded organisation, where LBGTI employees are treated just like everyone else.” The key is to demonstrate visibly that - Martin Hunt, Project Manager & LGBTI Employee Resource Group Chair, Lend Lease all staff are valued. LGBT staff who feel supported by their employer and work in an accepting environment are free to focus on their work as opposed to maintaining their hidden persona or concealing too ING Australia’s participation and commitment Pride in Diversity demonstrates our much of who they are for fear of negative dedication to remain a leader of diversity practice. Our involvement sends a clear repercussions. Not only does this assist in message that ING Australia provides an environment aimed at attracting the best increasing personal productivity but also talent. results in greater levels of company loyalty and commitment. By providing an inclusive environment that enables LGBT employees to bring their whole selves to work without fear or prejudice, ING Australia is helping eliminate energy wasted by employees who may feel they need to hide true their identity. Our LGBT GALA employee network drive initiatives and advise how as a business we can continually build upon our support for LGBT employees. It’s a common story that we have heard from our LGBT employees, when they don’t have to waste energy hiding the person they are, they’re able to focus on getting their job done well ultimately contributing to business success. 10

almost certainly damage the organisation’s reputation among existing and “Over the last decade, as a prospective workers as well as customers. company, we have made great strides in eliminating Diversity Council Australia have estimated discrimination in the workforce that it costs on average $125,000 to in Australia and Ne w Zealand, manage a serious external complaint. but prejudice is still common Awarded damages in anti-discrimination in the community and could cases have exceeded $1M. Legal fees re-appear within IBM unless to defend complex cases can exceed we are vigilant and proactive. $100,000. Consequently, LGBT colleagues often go to great length to Even settling out of court can be hide or deny their sexual expensive. It may keep an organisation out orientation or gender identity. of the local papers, but it will still test the This impacts a person’s integrity loyalty of the rest of the staff. and self-worth, and leads to an extraordinary amount of The profitability and reputation of energy being redirected away from more positive areas of organisations increasingly requires engagement, both professionally them to demonstrate corporate social and personally. For example, responsibility. A commitment to social not being confident in joining responsibility can also draw in new sources workplace conversations about of talent from beyond an organisation’s family life, social activities and traditional recruiting pools, and these will personal interests weighs on the often include LGBT people. The increased minds of some LGBT colleagues diversity that results, brings innovation, in the workplace, as they fear and puts a business in closer touch with its possible discrimination.” wider market.

Organisations are starting to understand “It is important to me that So in a spectrum of ways, positioning your they need to do more to become our LGBT employees feel organisation as one that welcomes LGBT employers of choice. They must safe to express who they are customers or service users and employees, demonstrate to both potential and authentically so that they can and endeavours to meet their particular existing employees that they are: relax and share their everyday needs, clearly makes good sense. experiences. Employees, who dynamic (always changing, feel valued and are treated with improving, innovating, staying ahead respect, will contribute more, be more creative in their roles and be of the game) more motivated and focused.” prepared to invest in their people 1. “Consumers Will Reject Advertisers Associated with have safe & inclusive environments - Senior IBM Executive and LGBT Shows Like Dr. Laura”, Harris Interactive, June 22, 2000, that enable people to perform at Community Executive Sponsor. http://www.harrisinteractive.com/news/allnewsbydate. their best asp?NewsID=115 have positive policies (available to all 2. Dubecki, L, “The A to Z of the pink dollar”, The Age, May staff)and deliver on them 22, 2004 are high performers in their field 3. Out Now 2008 Millivres Gay Market Study 4. Irwin, J.,The Pink Ceiling is Too Low: Workplace Experiences Organisations that demonstrate respect employers significant amounts of money of Lesbians, Gay Men and Transgender People, Australian for individuals have been shown to have and organisational energy. Centre for Lesbian and Gay Research, University of Sydney higher levels of performance and morale, 5. The Gay Census (2008), SameSame.com.au and lower levels of absence. Workplace Fighting a discrimination case at an 6. Ragins, B.R & Cornwell J.M. (2001), Pink Triangles: studies show these organisations create an employment tribunal is often a no-win Antecedents and Consequences of Perceived Workplace environment of trust and openness, where situation. It’s time-consuming and costly Discrimination Against Gay and Lesbian Employees people are more likely to be creative, to for both employer and employee and 7. Ragins, B.R., Singh, R., Cornwell, J. M (2007), Making the take risks, to develop new products and uses up valuable resources. Even if the Invisible Visible: Fear and Disclosure of Sexual Orientation to establish new markets and new ways of tribunal finds in the employer’s favour, at Work working8. any publicity about the case itself will 8. “Peak Performance: Gay People and Productivity”, Stonewall UK RISK MITIGATION Employment tribunals taken by lesbian and gay staff as a result of discrimination based on their sexual orientation don’t just do reputational damage. They can cost 11 12

MAKING IT HAPPEN A TOOLKIT FOR SUCCESS

A TOOLKIT FOR SUCCESS This chapter introduces eight key steps to making sexual orientation an everyday diversity issue, alongside others such as gender, race, disability and age. They cover issues such as organisational culture, recruitment, terms and conditions, performance management and monitoring and evaluation.

This toolkit has been designed to enable employers to change attitudes and behaviour within their organisations.

The toolkit should not only help you avoid litigation but also develop best practice people policies enabling you to reap the benefits of a more inclusive workplace.

TOPICS COVERED: Build a Culture of Respect Recruit and Select Fairly Tackle Workplace Bullying and Harassment Review Terms and Conditions Manage performance fairly Establish employee networks Deliver to your customers Monitor and evaluate 13

BUILD A CULTURE OF RESPECT

Creating a workplace culture that Many have questioned the need for LGBT Lesbian Rights Lobby study found that genuinely values people and their inclusion within diversity initiatives. Here 59% of respondents had been harassed differences is a challenge — and are some disturbing facts that highlight at work or treated prejudicially, 5% had opportunity — facing every organisation. the need for attention: lost their job and 16% said they had not been granted promotion, because of their Recruitment, training and development, The SameSame.com.au Gay Census sexuality or gender identity9. succession planning, equal opportunities 2008 found that approximately one policies, benefits packages, treatment third of lesbians and gay men concealed ACTION POINTS of customers and service users — all of their sexuality from some or all of their these aspects of management affect colleagues. For those who feel they have Provide leadership at all levels LGBT employees, and in most cases, in to hide their sexual orientation or gender quite unique ways. To take the time to identity at work, there is the constant Check your public statements to understand some of the unique challenges pressure of concealment. It also makes it ensure that there is not an overt faced by all diverse groups (not just LGBT) very difficult for them to get support when assumption that everybody is enables us to identify the appropriate steps private events affect their work. heterosexual. required to build a truly inclusive culture. Create role models by publicising the Lesbians, gay men and bisexuals who are success of any high-profile openly Organisations that wish to promote the out and feel able to be open about their LGBT people in your organisation. value and importance of diversity must sexuality at work may be inaccurately Provide your managers with training provide leadership and a workplace stereotyped in ways that are damaging and development to help them climate in which everybody feels safe and to their careers, for example, as being create a climate in which diversity, free to do their best. unsuitable to work with young people. In including sexual orientation, is relation to family life, many LGBT might valued. KEY ISSUES experience the expectation that they can Find someone at a senior level In some organisations, diversity policies work non-traditional hours because the within your organisation who are inclusive and deal explicitly with assumption abounds that they don’t have could act as a champion for LGBT issues of sexual orientation. In others it families. equality and inclusion. This doesn’t is still a taboo topic, or one that is not necessarily have to be someone who openly discussed. A challenge is to make In addition, when LGBT people are referred identifies as lesbian, gay, bisexual or sexual orientation an everyday issue in to in the workplace, it is often in terms of a transgender, just someone who will the workplace, alongside ethnicity, faith, stereotype which in itself is often negative openly advocate for LGBT employees gender, disability and age. and not reflective of the greater LGBT and inclusion within the diversity population. agenda. The difficulty with excluding LGBT wording in policies and practice and in excluding Research has shown that LGBT people who Create a climate where everyone can be LGBT employees in diversity initiatives is are ‘out’ at work are more vulnerable to themselves and feel safe that the message of exclusion speaks far harassment, bullying and discrimination in louder than all the measures of inclusion their careers. Think about how the organisation promoted for other diversity groups within shows respect for minority the organisation. A University of Sydney/ NSW Gay and employees and what you could do to further publicise a message of openness, trust and equality. Training is a valuable tool in raising ING Australia has built and demonstrated respect by acknowledging our LGBT awareness of LGBT issues in the employees through local and global company initiatives accessible to all staff; this workplace, and should be included is driven and steered by our LGBT GALA employee networking group. From day one in any diversity training provided to in our induction process, we highlight to the wider business that we both embrace staff, and is particularly important and support the LGBT community and this message is embedded into our culture. for people managers. Reinforce the ING Australia actively provides opportunities for staff to support LGBT community message to all staff that they do not initiatives through activities from volunteer days assisting LGBT non for profit need to tolerate harassment, bullying groups, fund raising, through to food drives for LGBT shelters. Through our LGBT or unfair treatment of any kind. GALA employee network, we have actively looked at ways to partner with the LGBT Revisit your grievance procedures community, this helps ING Australia both contribute to the community and actively and ensure there are mechanisms engage our LGBT employees. in place to deal effectively with A message of support for LGBT employees comes from the very top and filters any problems arising from unfair throughout the business. When you have a proactive CEO such as in ING Australia treatment. acknowledging and supporting LGBT employees, you have a powerful message Ensure that confidentiality of that gains support and momentum extremely quickly. LGBT grievances is ensured. Some organisations have an LGBT specific contact person who is sympathetic 14

and aware of some of the challenges faced. The financial services industry in Australia has lagged behind other industries in Make it clear that social events recognising the importance of diversity generally and of LGBTI issues specifically. involving partners and children are Goldman Sachs prides itself on being a leader in this area in our industry, equally open to same sex partners domestically and globally. GLaM (Gays Lesbians and Mates), the firm’s Australian and their children. LGBTI network, was formed in March 2009. The charter of the network aligns Appreciate that just like their naturally with the broader diversity objectives of the firm, which is encapsulated in heterosexual counterparts, LGBT our global business principles. people may also like to display We offer our people the opportunity to move ahead more rapidly than is possible at photos of their families, their most other places. Advancement depends on merit, and we have yet to find the limits partners and children without to the responsibility our best people are able to assume. For us to be successful, our drawing criticism. men and women must reflect the diversity of the communities and cultures in which Consider other ways in which you we operate. That means we must attract, retain and motivate people from many can demonstrate your commitment backgrounds and perspectives. Being diverse is not optional; it is what we must be. to putting equality and diversity policies into practice.

Review your equality and diversity policy and strategy

To have any meaning, your policy should be clearly linked to business or service outcomes. With the National Employment Standards recently coming into being, employers must guarantee the same entitlements for LGBT employees and protect them from discrimination, bullying and harassment in the workplace. Ensure your policies accommodate these changes. Communicate to managers the nature and importance of issues that affect LGBT employees.

BENEFITS Employers who create a culture where diversity is acknowledged, and where people are truly valued, will be more successful. They will:

become employers of choice for talented people who want to work in a progressive and ethical workplace retain the best people, and use their talents to the full increase job satisfaction and morale, and therefore productivity send powerful signals about being modern and forward-looking, and show a determination not to allow old-fashioned prejudice and discrimination to undermine effective performance. 15

RECRUIT AND SELECT FAIRLY

People are a vital resource for high ACTION POINTS complaints from candidates about performing organisations. Recruiting Think about how and where you their treatment during the selection and retaining the best people from the advertise vacancies. Have you process. widest possible field is key to building used the recruitment sections of competitive advantage. specifically LGBT media? Train the decision-makers Look also at the language you use. Staff selection is an obvious area where Is it unwittingly discouraging LGBT Make sure recruiters are not making unfair discrimination can occur, and has people from applying? unfounded assumptions based on long been an issue for those concerned Recruitment advertising and stereotypes and prejudices about with race, gender and disability equality. literature are part of your image particular groups. They should also Many organisations will already have a building work. They should include understand that prejudice may have policy and set of procedures, plus training, any LGBT initiatives you have taken, limited a candidate’s opportunities in place to support those involved in such as extending benefits to to develop in previous jobs. Diversity recruitment and selection. These can same sex partners and establishing training for your recruitment team is be adapted to ensure they address the employee networks. highly recommended. challenges LGBT people often face in You can raise your profile with LGBT Set up a system so that staff know advancing their careers. jobseekers through sponsorship of what to do if they think a recruiter or LGBT community events or jobfairs, interviewer has made a prejudiced However, there is much more to the through advertising your products remark, or a decision based on sexual recruitment and selection process than or services in the LGBT media, and orientation rather than a candidate’s appointing an individual to a job. With by using LGBT-aware images or ability to do the job. each job advertisement, the organisation words in mainstream advertising. For is potentially communicating with a huge example, the use of rainbow colours BENEFITS audience. in company imagery and literature Employers who recruit using objective, or the inclusion of same-sex couples measurable criteria will: How inquirers, applicants and candidates in advertising campaigns targeting are treated will give rise to a network of family life. have a wider choice of applicants talk about the organisation. Always include your equality and minimise staff turnover and diversity policy in the information associated costs — because the right KEY ISSUES you send out to applicants. people will be appointed to the right Recruiters may have stereotyped notions Pride in Diversity members can use jobs of what LGBT people are good at or not the Pride in Diversity logo to show make the best use of the most so good at, and this may affect their their inclusiveness towards LGBT talented people decisions. Some may believe LGBT people employees. secure competitive advantage in will not fit in. Others simply do not want areas of skills shortage to appoint people they know or think are Have clear, inclusive recruitment policies and avoid the costs of litigation. LGBT, especially to customer-facing roles. procedures

Excellent potential applicants may not Adapt your recruitment and bother to apply for jobs in organisations selection procedures to ensure that they, rightly or wrongly, believe to be LGBT are included and treated fairly intolerant of LGBT people. Research (check wording and selection boxes indicates organisations get a better field on application forms) of applicants if they include positive and Where possible, take advice from inclusive statements in their advertising LGBT staff to help you make sure literature, and the material they send to policies and procedures are inclusive applicants. The Australian Federal Police and effective. have advertised for new recruits in LGBT media and this sends a clear signal to Make the recruitment process transparent other AFP members and the wider public about the changing culture and leadership Candidates who have encountered of the force. discrimination in the past will find it reassuring if you are open about your Selection criteria should be fair, related recruitment process. to the job, and applied consistently. Keep a record of each stage of Providing training for those involved the recruitment process so that in designing the selection process, candidates and anyone else involved shortlisting, interviewing and decision- can see that you have dealt fairly making is crucial to recruiting fairly. with all applicants. Be ready to deal promptly with any 16 17

TACKLE WORKPLACE BULLYING AND HARASSMENT

Anti-gay harassment is demotivating and Adapt your existing harassment tolerated . It is important to ensure unlawful. It can take the form of being policy to incorporate LGBT that managers are adequately ignored or excluded; physically or verbally harassment. trained in handling the sensitivities abused; outed as gay; or made the subject Make specific references to around LGBT harassment and of jokes and offensive remarks. Extreme harassment in your induction bullying along with any potential cases involve violence, forced resignation programme. workplace issues that may arise, or unfair dismissal. Provide clear definitions of particularly with fellow employees harassment and examples of who may have a grievance against A hostile environment can be a form of unacceptable behaviour, including LGBT people for religious or cultural harassment, even where actions and anti-gay bullying and harassment. reasons. comments are not aimed at individuals. Ensure that managers understand By monitoring the nature of their duties in preventing and complaints and collecting the data As harassment is underreported, the true tackling bullying and harassment, you should be able to press for scale of the problem is unknown. As more including respecting confidentiality. deeper cultural changes within your and more employers tackle the issue, Those in positions of responsibility organisation. however, evidence is emerging that anti- should be equipped to protect gay harassment is all too common. their LGBT staff, and should not BENEFITS be allowed to ignore or condone Organisations that tackle harassment In a recent study, it was found that: discrimination. and bullying, including that specifically To be credible, any initiative directed at LGBT staff: 53% lesbians and gay men designed to prevent anti-gay increase the effectiveness and experienced workplace harassment bullying and harassment needs to productivity of staff, through or discrimination be endorsed and validated by senior reduced sick leave, improved 28% experienced aggressive or staff. retention and greater employee unwelcome questions about their engagement. status Make it easy for people to report a problem demonstrate leadership in dealing 22% reported being ‘outed’ in the with challenging issues workplace against their will Bullies are often more senior than minimise the likelihood of damaging 17% reported having restricted those they harass. Staff who feel litigation and bad publicity. career due to their homosexuality10 that they have been harassed need several routes for making complaints, KEY ISSUES for example, through human Many people are reluctant to complain resources or the staff association or because they believe their complaints will employee support networks. not be taken seriously or they will end up Staff who complain they have been taking the blame. An added complication bullied for being gay may want to for many LGBT staff is that making a keep this information confidential. complaint would force them to come You should support them in this. out as gay, possibly leading to further Informal resolution is preferable, harassment. as far as possible, to engaging in formal grievance procedures, Because many LGBT employees are but an organisation must not completely out about their sexual actively demonstrate that anti- orientation at work, they are particularly gay discrimination, bullying and vulnerable to ‘canteen culture’ harassment harassment will be taken seriously at — homophobic comments made in this informal stage. the course of conversation but without Speedy and effective action will the intention of causing offence. Such enhance your reputation for fairness. comments are often made in the belief that everyone in the immediate audience Monitor complaints and review policy will be sympathetic to them but in reality, only heighten the perception of Be prepared for a possible rise in discrimination and workplace exclusion for complaints when you introduce many LGBT employees. a policy to include LGBT people. You need to know who’s going to ACTION LIST investigate complaints and who’s going to support the complainant. Ensure all employees understand that Managers are ultimately responsible any form of harassment based on sexual for building a climate in which orientation will not be tolerated harassment and bullying will not be 18

REVIEW TERMS AND CONDITIONS

Benefits and conditions are important motivators for employees. Yet LGBT people do not always enjoy terms and conditions ING Australia is in business to provide customers with products and services that reflect the needs of people from all walks of life, so we need to provide and of employment equal to those of their environment that attract people and perspectives from all dimensions of society. heterosexual colleagues. As a business ING Australia has taken a proactive approach to reviewing terms and KEY ISSUES conditions that cater for all staff needs and create a level platform for all. Through In the past, anyone with a same-sex liaison and partnership with specialists in employment conditions such as Pride in partner was likely to be excluded Diversity we’re able to stay informed on best practice and proactively provide equality from many workplace benefits. These for all employees. Our LGBT GALA employee network also drive initiatives and advise included pensions, leave arrangements, how as a business we can continually build upon our support for LGBT employees. health insurance, travel concessions for employees and their partners, and relocation allowances. To ensure compliance with the new National Make your communications inclusive Employment Standards, it is advisable I am gay and became a father to offer exactly the same terms and Include same-sex employees in any in June last year and am conditions to both straight and gay staff. oral or written examples you use to co-parenting with a lesbian explain to staff the benefits of your couple, Telstra policy recognised Leave, for bereavement or family reward package. our Rainbow family and the emergencies along with any other People who are responsible for circumstances were a little family-related or flexibility policies are giving staff information about their different to a traditional family. designed to help employees balance the terms and conditions need to: sometimes completing demands of their tell inquirers the policies extend to I was able to take parental leave work and family/home life so that they same-sex partners or other nominees and welcome/settle our baby at can be ultimately be more effective. It is if applicable home when he was born. important that these policies clearly apply talk about partners or nominees -Team Manager, Telstra, to same-sex families as well. A policy that rather than husbands, wives and Melbourne excludes leave for same-sex partners can spouses cause considerable personal trauma and understand the need for potentially lead to discrimination claims. confidentiality in relation to A policy that compels an employee to nominated beneficiaries of perks and ask whether or not it applies to them, policies. forces them into a position of having to “out themselves” or forego the benefit Choose the best suppliers altogether to ensure anonymity. Use a superannuation company that ACTION POINTS is committed to equal treatment of same-sex partners. Make sure your policies are explicitly inclusive Seek advice from an independent financial adviser specialising in same- Ensure policies and benefits sex relationships on life insurance acknowledge the different and health insurance. requirements and lifestyles of all employees. Many employers already BENEFITS recognise this as good practice when Ensuring your terms and conditions are it comes to recruiting, retaining and fair to LGBT people means: motivating key staff. all employees are rewarded fairly for Your policies should state that the their contribution following are also available to same- the organisation becomes an sex partners : employer of choice, helping to »» bereavement leave attract the best recruits »» parental leave and adoptive focusing on best practice makes parental leave compliance with legislation more »» relocation allowances likely. »» carer’s leave »» travel benefits »» discounts on the company’s or other services »» private healthcare. 19

IBM supports and assists with employee gender transitions. behave under the company’s diversity policy. A personal letter from Chrystie was also included, in which she explained why IBM engages an external Gender consultant to assist with a transitioning was important to her. The meeting was led by the smooth and supportive transition for an employee. In 2009 counsellor and staff were able to ask questions. At this point an IBMer, Christie Klein underwent this process and shared Chrystie was still presenting as male. She then took a week off her positive experience with SX magazine. Christie found that and returned as female. despite initial nerves, she was readily supported by her manager who put her in touch with an IBM human resources partner Upon her return, Christie was amazed by the positive reactions to manage the transition process. Together, they came to an of her colleagues. agreement with Christie to determine a time for the transition The success of Chrystie’s transition is due to the company’s policy that would have as little disruption for her and the business. of inclusion, said Robyn Sumner, Diversity Program Manager for IBM hired a counsellor who specialised in gender identity IBM Australia. “Diversity for us is making sure we have a broad issues to oversee the transition, especially how it was relayed mix of people in our workforce and making sure everyone feels to other staff. A meeting was organised between Chrystie, her included. It’s important that people who transition feel valued. managers and employees she worked closest with. Invitations We see our diversity strategy as a competitive edge. Employees’ to attend were sent out along with an information package differences lead to diversity of thought which is required for the outlining what was happening and how staff were expected to innovation we need for our clients.” 20

MANAGE PERFORMANCE FAIRLY

Managing people properly, openly and Develop formal performance management with respect is increasingly being linked systems with high performance in businesses. I’ve worked at Telstra since August of 2008 and since being The Pink Ceiling Report provides ample All employees should know how the here have found nothing but evidence that LGBT people are not always performance management system a supportive and welcoming treated fairly at work, for example by being works. Managers especially need to culture and community. Within passed over for promotion, disciplined be able to identify any bias in the five minutes of walking into the unfairly or even dismissed for no good way they might make judgements centre I could see a wide and reason. about people. Training should varied staff entirely dissimilar explicitly include: to any idea I had previously. examples of the way homophobia KEY ISSUES Reading the statistics about Organisations have many different ways can be disguised people who felt they had a block of managing performance, from informal common misconceptions that are in their way of promotion due chats to elaborate systems of appraisal by applied to LGBT people, particularly to their sexual orientation came stakeholders, customers and peers as well with reference to different types of as an outrageous surprise. After as managers. work 18 months, I am in the role of examples of the ways in which Subject Matter Expert for my We need to be aware that, like any managers’ discretion might team and I have no doubt that minority group, LGBT people can be disadvantage people from various if I chose to apply for further negatively stereotyped. This can lead groups, including LGBT people. promotions, such as a team to inadvertently discriminating against leader, that I would without a these employees in terms of performance BENEFITS doubt be considered fairly by management or career path. A performance management process management and supported that addresses LGBT discrimination by my Team leader. Sexual ACTION POINTS will: orientation would not even factor enable LGBT staff and their managers in regards to Telstra’s promotion Create the right climate to address the full range of issues schemes. I have made and am that may affect their performance sure will continue to make what All the information you give to provide a model of good practice I know will be lifelong friends employees should reinforce the for addressing all aspects of some of which are gay, straight message that decisions about discrimination and lesbian. I know that without recruitment, promotion, rewards enable organisations to maximise the inclusive community spirit and redundancy are based on merit the performance of all staff. that Telstra has fostered all of this and competence and that diversity is would not have been possible. valued in all instances. -Customer Service Consultant, Understanding diversity and Telstra, Townsville equal opportunities issues should be built into your management development. This will provide managers with the skills to use their discretion wisely and fairly. Consider making diversity awareness an obligatory training requirement for managers. Ensure that the repercussions of genuine discrimination against any diverse group are well understood. 21 22

ESTABLISH EMPLOYEE NETWORKS

Employee networks - forums for staff This can make it difficult for LGBT Find ways to encourage a wide range who share one or more aspects of their employees to identify each other, create of participants. identity - are becoming an effective way informal connections, find support and of increasing employee engagement address any difficulties. However, LGBT Connect the network to the rest of the and openly promoting diversity. While employees may wish to participate in a organisation and other networks some may be social groups, these are network without being outed as gay as increasingly being funded and promoted a result. They need to be confident that Consider the network’s purpose and by employers, particularly as management joining or contacting a network is safe. responsibilities is starting to appreciate the benefits that Make sure the network is adequately they can bring to the whole organisation. ACTION POINTS resourced. It needs sufficient time and money to fulfil its aims and objectives Networks for women and ethnic minority Establish the network in consultation with Think about how you can link your staff have proved successful across the LGBT staff LGBT network with other employee public, private and community sectors and groups. Together they can deal with often provide useful lessons on how best Contact and consultation with LGBT common issues and challenges that to establish a network for LGBT employees, staff can be managed in several ways, emerge. as do existing LGBT networks. including: anonymous surveys Ensure leaders of the organisation promote Establishing employee networks consultation through staff the network demonstrates your commitment to associations diversity in the workplace. It tells staff that using a third party organisation such Ask high-profile, senior managers to the organisation values its entire people, as Pride in Diversity champion the network. They don’t and recognises the need to bring together have to be lesbian, gay or bisexual, staff who may feel isolated or vulnerable. Discuss a range of practical issues with but they will need to buy into the Networks can provide a safer and more staff, such as: idea of a LGBT network. By talking supportive working environment. confidently and comfortably about What role should the network LGBT issues, they can make clear this In addition it can give the employer a have? The network should have is a business matter, not a taboo or valuable mechanism for consulting LGBT a clear business-related purpose, private issue. employees about employment practices encompassing, for example, and customer service, and also ways to contribution to the organisation’s Be prepared for negative reactions from engage with LGBT clients, customers and inclusion and diversity agenda and other staff who may feel left out. You potential recruits. improving the work environment for must be able to explain how the network LGBT employees benefits the whole organisation. KEY ISSUES When and where will meetings take Many workplace cultures assume everyone place? Should they be regional or Provide a range of ways for staff to is heterosexual. Due to fear of prejudice, national, during work or leisure time? communicate with the network, most LGBT employees are not completely Deciding on whether the guaranteeing confidentiality or anonymity out about their sexual orientation to membership should be exclusive to if required. colleagues and many believe they are LGBT staff, or open to all staff with an alone in their workplace. interest in LGBT issues

I have worked for Goldman Sachs for some years and have been surrounded by great people that I have always felt mostly comfortable with. My sexual orientation is not something I feel I’ve ever intentionally kept a secret, it is something I had shared with a few work colleagues, but in the main I was not ‘out’ at work. I found the idea of a Gay and Lesbian network interesting and was curious to attend the initial get together. Arriving there, my initial nerves were largely put to rest by what ended up being a relatively informal and free-flowing discussion. I was impressed by the wide scope of colleagues from many different parts of the firm. The energy and dynamic of the group was something that was both friendly and familiar to me, and not one I had previously encountered at work. Since joining, I have been fortunate enough to participate in forging something that I genuinely care about. Additionally, what has impressed me is that the network remains intrinsically tied to the business and preserving the firm’s reputation. Witnessing this at first hand, I have since felt more comfortable about discussing my involvement with the network with my team mates and, in turn, making my sexuality much more evident than it might have been previously. The reception of the network (and my involvement therein) has generated genuine curiosity and positive interest from many people around me, which has made me feel much more confident and comfortable to be myself at work. - Goldman Sachs Employee 23

Publicise the network both internally and externally In 2008, KPMG formed our LGBT ING Australia has had a LGBT network called KGEN - KPMG’s Make sure all staff know about the resource group for a number Gay, Lesbian, Bisexual and network, why it exists, who can join of years called GALA. The GALA Transgender Employee Network and how. If you have your senior employee network is open which was formally launched to team behind the idea, then make to both LGBT employees and the firm in 2009. The network is sure staff know that too importantly supporters of the growing in numbers every week Communicate its successes to all staff LGBT community. The GALA and the calendar of events for the Don’t forget to publicise the network employee network provides network is also developing year- externally, for example, in the HR inspiration and acts as a point on-year. Through wide spread and professional press, trade union of contact for those LGBT ING communication of KGEN, people Australia employees that don’t publications and the LGBT media. across the firm are becoming yet feel totally comfortable with more aware of some of the being “out” in the workplace. Monitor and review the network issues our LGBT people may face. KPMG’s participation in the 2010 The GALA employee network also Having established some objectives Sydney Mardi Gras was a turning provides advice to management for the network, work out how point for the organisation, as on Gay and Lesbian issues you are going to measure its we were able to raise the profile in conjunction with the ING performance of our LGBT community both Australia Diversity Council. Don’t ignore the rest of the externally and internally. The GALA employee network workforce — monitor their is a forum for promoting perceptions of the network and its inclusiveness, understanding and value to the organisation. support among ING Australia colleagues on LGBT issues. BENEFITS The GALA employee network An LGBT employee network can: is fully supported by the ING challenge the invisibility of LGBT staff Australia Diversity Council and and issues has our CEO as Executive Sponsor. give LGBT staff a forum for sharing experiences allow organisations to tap into the specific experience and knowledge of LGBT staff help LGBT staff to come out and At IBM, the Australian and NZ ‘EAGLE’ (Employee Alliance for Gay & Lesbian other employees to appreciate the Empowerment) networking group was established in 2000 and consists of diversity of the organisation. employees whose objective is to work with the organisation to promote a safe and open working environment for all employees, regardless of sexual orientation, gender identity, or gender expression. EAGLE offers LGBT employees an opportunity to network both professionally and socially, career and mentoring development, participation in community outreach and input into developing IBM’s overall LGBT strategy. As with all of the Diversity Networking Groups, EAGLE has a representative on the IBM Diversity Council, the Global LGBT Taskforce, and the regional GMU internal LGBT work team. 24

DELIVER TO YOUR CUSTOMERS

LGBT people are likely to be consumers ACTION POINTS Consult your customers of your goods and services as well as your employees. State and territory Show you recognise your LGBT customers Encourage LGBT customers or service legislation make it illegal to discriminate and service users and make sure you are not users to make their requirements against someone when providing them breaking the law by discriminating against them known. with goods or services because of their Monitor how members of the LGBT sexual orientation or gender status. Audit your policies and procedures communities perceive your goods Recent reforms of 85 exclusionary laws for provision of goods, facilities and services. at the Federal level guarantee fair and and services to make sure they do equitable treatment of LGBT people by not discriminate, either directly or BENEFITS Commonwealth agencies. indirectly, on the grounds of sexual Organisations that address the needs of orientation LGBT customers and service users will: KEY ISSUES Revisit the public statements The last 15 years have seen an increase you make about your goods and attract the full range of potential in services aimed specifically at the LGBT services to ensure they recognise the customers, including groups with community including leisure, household diversity of the people who use your high levels of disposable income services, legal and financial services. services develop consultation mechanisms Advertising counts. Images used in that can be used with other Many LGBT people still do not always feel publicity materials send a powerful customer groups confident of getting a good service from message, so include same-sex create a modern and positive image mainstream companies. Many members couples where you can. of themselves of the LGBT community will support avoid legal cases brought by LGBT companies they perceive as responsive to Train customer-facing staff people who have been unfairly their needs. discriminated against in this area. Customer service training should There are also many public services that deal explicitly with the fact that a provide LGBT people with a more limited proportion of customers or service choice. In 2000, the Victorian Gay & users will be LGBT, and should make Lesbian Rights Lobby report “Enough is staff aware that discrimination on the Enough” found that 23% of respondents basis of sexual orientation is illegal to the survey experienced discrimination Staff should be aware of the specific when accessing medical services. needs of LGBT customers and service users. They should also be trained to The state and territory anti-discrimination ask questions in a way that does not legislation applies to both the private and assume heterosexuality. public sectors and outlaws discrimination in access and provision of goods and services.

We believe there is an inextricable link - a link between the LGBT community and a creative, open and questioning society - that provides the foundation for innovation in business. Often IBM is considered as a complicated technology company. But at our heart, what we do is quite simple: we’re working to make the planet a smarter place. To do that we need diversity of thought. And that means diversity of people. Creative tension. Opposing ideas. Different outlooks. Unique backgrounds As we sit in meeting rooms around the country trying to solve our clients’ problems, it is very clear that, if we are all looking at the problem through an identical lens – straight... white... male... for example – there’s no room for creativity. It’s only when you have diversity around the table – that you get that spark... that creativity... that comes up with a smarter solution. - IBM Global Business Executive. 25

MONITOR AND EVALUATE

Diversity monitoring in Australia is not KEY ISSUES something that is routinely performed and Sexual orientation monitoring will only Forms should avoid the suggestion that certainly in Australian organizations, it is work if senior staff support the initiative heterosexuality is the expected norm unusual to include questions on sexual and if a clear business case for collecting and that being lesbian, gay or bisexual is orientation when gathering data about the data is communicated to staff. Sexual unusual and they should use commonly employees. However monitoring, once it orientation monitoring may not be understood language. Stonewall research is handled sensitively and the rationale appropriate for an organisation which suggests that the question is best phrased is communicated openly, provides a has not previously engaged with LGBT in the following way: very useful mechanism of ensuring that staff or developed initiatives to eradicate any LGBT-inclusive activity is successful. homophobia from the workplace. What is your sexual orientation? It is the means of checking whether an organisation’s diversity policy is being Consultation with key stakeholders Bisexual implemented effectively. It provides should take place before monitoring Gay man valuable management data, which can is introduced. LGBT staff or the Gay woman/lesbian assist the organisation in making the right network group can play a vital role Heterosexual/straight strategic and operational decisions to in communicating new monitoring Other ensure it employs and retains a skilled and procedures to the wider organisation and Prefer not to say diverse workforce. building confidence in the process among LGBT employees. Being transgender is not an issue of Monitoring also sends out a strong signal sexuality but one of gender. Guidance to staff that an organisation takes the There are different degrees of monitoring, on the 2001 National Census stated that achievement of diversity goals seriously, and it can be a good idea to start with transgender people could tick the gender and this is especially true for sexual anonymous monitoring in staff attitude they felt described them, irrespective of orientation. surveys and monitoring at recruitment and the sex on their birth certificate. It may promotion to build familiarity with sexual therefore be more inclusive to use the Monitoring and evaluation can show orientation monitoring, before introducing word ‘gender’ rather than ‘sex’ on forms. whether LGBT employees: it as part of the formal HR recording process for all staff. are employed in numbers that reflect the local/national population Monitoring of diversity takes time to bed apply for promotion at the same rate down in an organisation. It will take several as all other employees years before monitoring information on are recruited or selected for training sexual orientation gives something close in proportionate numbers to a reliable picture. are being harassed or bullied at work because of their sexuality are concentrated in certain jobs, sections or departments think the organisation’s procedures and culture are supportive.

Telstra conducted a wide-ranging Diversity Audit of their employees in late 2007. One of the questions in the audit asked employees to volunteer information about their sexual orientation and/or gender identity, as well as their experience as a LGBT employee at Telstra. Confidentiality was guaranteed and each respondent was given the option of not answering the particular questions on sexuality and gender identity. Not a single complaint was received by any of the respondents about the nature of the question. The quantitative and qualitative data that has been collected has helped to drive specific initiatives for this group – including company-wide communications initiatives, community involvement and the establishment of a LGBT employee reference group / affinity group, “Spectrum”. In the next version of their HR information system, Telstra will provide employees the option of, among other things, declaring their sexual orientation and gender identity, in order to tailor initiatives and measure levels of engagement for this group. 26

ACTION POINTS Build senior support for the rationale behind sexual orientation Every two years KPMG participate in a ‘Global People Survey’ which measures our people engagement, allowing us to understand our people. Through this survey we monitoring monitor the engagement of our LGBT employees and ensure there is no difference Consult with LGBT staff and ensure found in their levels of satisfaction compared to our non-LGBT people. This is a they have confidence in the process comprehensive way of ensuring our programs are hitting the mark. Ensure that communication to staff on LGBT workplace equality is consistent and authoritative, and that monitoring is seen as a logical part of the organisation’s diversity strategy Introduce monitoring in stages Lend Lease regularly conduct employee engagement surveys which include if appropriate, and have realistic employee demographic questions. The survey provides high level demographic expectations in the early years analysis of the issues relating to particular groups of Lend Lease employees Communicate the results of surveys worldwide. and actions you will take as a November 2009 saw the first time that questions relating to sexual orientation and result, to maintain engagement of gender identity were included in the survey. Inclusion of these questions was well employees received with only one objection encountered from the thousands of responses received. BENEFITS Completing the survey is voluntary, but Lend Lease typically sees participation Organisations that monitor effectively: rates well in excess of 70% of employees. All responses are treated confidentially. can measure the success of specific initiatives send a message that their LGBT employees are valued can identify and communicate improvements in the position of LGBT employees. 27

THE LEGAL LANDSCAPE FEDERAL LAWS

FAIR WORK AUSTRALIA ACT 2009 age, medical record, criminal record, marital processes, perceptions of reality, emotions In 2008 the Federal Government changed status, impairment, disability, nationality, or judgement, or results in disturbed 85 laws to give same-sex couples in a de sexual preference, trade union activity. behaviours; presence in body of organisms facto or registered relationship the same causing disease or illness (e.g. HIV virus). legal rights and protections as different-sex Areas covered de facto couples. Commonwealth body or agency; Areas covered employment and occupation. Employment; education; access to One part of the 85 reforms was to treat premises; accommodation; buying or same-sex couples and their families equally Process for decision making selling land; activities of clubs; sport; under the new Fair Work Act 2009 (Cth) Complaint must be in writing. It is then administration of Commonwealth laws (Fair Work Act). The Fair Work Act creates a assessed and if within jurisdiction is and programs; provision of goods; and new workplace relations framework that is investigated. If complaint is not declined, services and facilities. overseen by Fair Work Australia. conciliation is attempted. If it cannot be conciliated, the Commission prepares a Process for decision making In many workplaces around Australia, the report to the federal Attorney-General Complaints must be in writing. It is rights of same-sex couples will now be who then tables the report in Parliament. then assessed and if within jurisdiction equal to those of different-sex couples, is investigated. The complaint is then through the Fair Work Act. This new law AGE DISCRIMINATION ACT 2004 reviewed to see if it should be terminated applies to you if you are employed within (COMMONWEALTH) or if it is suitable for conciliation. If the the ‘national system’. complaint cannot be conciliated, it will Grounds of discrimination be terminated by the President of the As of 1 January 2010, the national system Age; protects both younger and older Commission. A complainant may then take applies to all Australian employees and Australians. the matter to the Federal Court of Australia employers except: or the Federal Magistrates Court. Areas covered Most State government public Employment; education; access to RACIAL DISCRIMINATION ACT 1975 sector employers and local premises; provision of goods, services and government employers; facilities; renting or buying a house or flat; Grounds of unlawful discrimination Western Australian corporations administration of Commonwealth laws and Race, colour, descent or national or ethnic whose main activity is not trading or programs; and requests for information. origin. financial; and Western Australian sole traders, The Act does not apply to a number of Other unlawful conduct partnerships, or other unincorporated areas including Commonwealth laws that Racial hatred entities. govern taxation, social security (including pensions), migration and citizenship; Areas covered Ten new National Employment Standards superannuation; state laws; certain Employment; provision of goods and (NES) ensure that the basic minimum health programmes; youth wages; direct services; right to join trade unions; access standards of employment conditions are compliance with workplace agreements to places and facilities; land, housing and met in all workplaces in the federal system and awards; charities, and religious and other accommodation. in order to meet and adapt to community voluntary bodies. needs. The NES are mandatory for all Process for decision making employers, and regulated by the Federal Process for decision making Complaints must be in writing. It is Government from 1 January 2010. Complaints must be in writing. It is then assessed and if within jurisdiction then assessed and if within jurisdiction is investigated. The complaint is then The employment conditions covered is investigated. The complaint is then reviewed to see if it should be terminated under the NES include employee leave, reviewed to see if it should be terminated or if it is suitable for conciliation. If the such as unpaid parental leave, carer’s leave or if it is suitable for conciliation. If the complaint cannot be conciliated, it will and compassionate leave. These leave complaint cannot be conciliated, it will be terminated by the President of the categories specifically include same-sex be terminated by the President of the Commission. A complainant may then take couples in a de facto relationship. Commission. A complainant may then take the matter to the Federal Court of Australia the matter to the Federal Court of Australia or the Federal Magistrates Court. or the Federal Magistrates Court. AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 DISABILITY DISCRIMINATION ACT 1992 Grounds of discrimination Breaches of human rights by any Grounds of unlawful discrimination Commonwealth body or agency and Physical, intellectual, psychiatric, sensory, discrimination in employment on the neurological or learning disabilities; basis of race, colour, sex, religion, political physical disfigurement; disorders, opinion, national extraction, social origin, illness or diseases that affect thought 28

SEX DISCRIMINATION ACT 1984 THE LEGAL LANDSCAPE Process for decision making Complaint must be in writing to the NSW Grounds of unlawful discrimination STATE AND TERRITORY Anti-Discrimination Board. It is then assessed Sex, marital status, pregnancy, family LAWS and if within jurisdiction is investigated responsibility (dismissal only). and conciliation may be attempted. If AUSTRALIAN CAPITAL TERRITORY unsuccessful, it may be referred to Equal Other unlawful conduct DISCRIMINATION ACT 1991 (ACT) Opportunity Tribunal for hearing and legally Sexual harassment Grounds of unlawful discrimination enforceable determination. Sex, sexual harassment, sexuality, Areas covered transsexuality, age, profession, trade, NORTHERN TERRITORY ANTI- Employment; partnerships; qualifying occupation or calling, relationship status, DISCRIMINATION ACT 1996 (NT) bodies; registered organisations; status as a parent or carer, pregnancy, employment agencies, education; goods, race, racial vilification, religious or political Grounds of unlawful discrimination services and facilities; accommodation; conviction, impairment, membership Race, sex, sexuality, age, marital status, land; clubs; awards; superannuation and or non-membership of association of pregnancy, parenthood, breastfeeding, enterprise agreements. employers or employees, breastfeeding, impairment, trade union or employer spent convictions, disability, religious association activity, religious belief or Process for decision making practice in employment, having had one activity, irrelevant criminal record, political Complaints must be in writing. It is of the enumerated attributes in the past, opinion, affiliation or activity, irrelevant then assessed and if within jurisdiction or association with person with an above medical record, or association with person is investigated. The complaint is then attribute. with an above attribute. reviewed to see if it should be terminated or if it is suitable for conciliation. If the Areas covered Other unlawful conduct complaint cannot be conciliated, it will Work; employment agencies; education; Sexual harassment be terminated by the President of the access to premises; goods, services or Commission. A complainant may then take facilities; accommodation; clubs; qualifying Areas covered the matter to the Federal Court of Australia bodies; professional or trade organisations; Education; work; accommodation; goods or the Federal Magistrates Court. requests etc for information. and services; facilities; clubs; insurance and superannuation. Process for decision making Complaint must be in writing to the Process for decision making Discrimination Commissioner. It is then Complaint in writing to the Anti- investigated and conciliation may be Discrimination Commissioner. It is attempted. If unsuccessful, the matter can then assessed and if within jurisdiction be referred to the Discrimination Tribunal is investigated and conciliation may for public hearing and legally enforceable be attempted. If unsuccessful, the determination. Commissioner may hold a hearing and make a legally enforceable determination. NEW SOUTH WALES ANTI-DISCRIMINATION ACT 1977 (NSW) QUEENSLAND ANTI-DISCRIMINATION ACT 1991 (QLD) Grounds of unlawful discrimination Race, (including colour, nationality and Grounds of unlawful discrimination national or ethnic origin), sex (including Sex, relationship status, pregnancy, pregnancy), marital status, disability, parental status, breast feeding (goods homosexuality, age (compulsory and services only), race, age, physical retirement only), transgender, carer’s impairment, religion, political belief or responsibility. activity, trade union activity, lawful sexual activity, gender identity, sexuality, family Other unlawful conduct responsibilities, or association with a Sexual harassment; vilification on the basis person who has any of these attributes. of race, homosexuality, transgender and HIV/AIDS status. Other unlawful conduct Sexual harassment Areas covered Employment; partnerships; trade Areas covered unions; qualifying bodies; employment Work and work related; education; agencies; education; access to places and goods and services; superannuation vehicles; provision of goods and services; and insurance; disposal of land; accommodation; registered clubs. accommodation; club membership; 29

administration of state laws and programs; Other unlawful conduct Commissioner for Equal Opportunity. It is local government; existing partnership Sexual harassment; inciting hatred on the then assessed and if within jurisdiction is and in pre-partnership. basis of race, disability, sexual orientation investigated and conciliation attempted. If or religion. unsuccessful, the matter is referred to the Process for decision making Victorian Civil and Administrative Tribunal Complaint must be in writing to Anti Areas covered for hearing and legally enforceable Discrimination Commission. It is then Employment (paid and unpaid); education determination. assessed and if within jurisdiction is and training; provision of facilities, investigated and conciliation may be goods and services; accommodation; WESTERN AUSTRALIA EQUAL OPPORTUNITY attempted. If unsuccessful, the matter membership and activities of clubs; and in ACT 1984 (WA) may be referred to the Anti-Discrimination relation to some grounds, administration Tribunal for hearing and legally of any law of state; and awards, enterprise Grounds of unlawful discrimination enforceable determination. agreements and industrial agreements. Sex, sexual orientation, marital status, pregnancy, race, religious or political SOUTH AUSTRALIA EQUAL OPPORTUNITY Process for decision making conviction, age, racial harassment, ACT 1984 (SA) Complaint must be in writing. It is then impairment, family responsibility or family assessed and if within jurisdiction is status, gender history. Grounds of unlawful discrimination investigated and conciliation attempted. Sex, sexuality, marital status, pregnancy, If unsuccessful, the complaint may be Other unlawful conduct race, age, physical and intellectual referred to the Anti-Discrimination Sexual harassment; racial harassment. impairment (but does not include mental Tribunal for hearing and legally illness). enforceable determination. Areas covered Employment; partnerships; professional Other unlawful conduct VICTORIA EQUAL OPPORTUNITY ACT 1995 or trade organisations; qualifying bodies; Sexual harassment (VIC) employment agencies; applicants and employees and commission agents; Areas covered Grounds of unlawful discrimination application forms; advertisements; Employment; partnerships; clubs and Sex, sexual orientation, gender identity, education; access to places and vehicles; associations; qualifying bodies; education; pregnancy, breastfeeding, marital status, provision of good services and facilities; provision of goods and services; status as a carer, age, race (including accommodation; clubs; land. accommodation; sale of land; advertising colour, nationality, ethnic or national (including employment agencies); origin), parental status, physical Process for decision making conferral of qualifications; superannuation. features, childless or a de facto spouse, Complaint must be in writing to the lawful religious or political belief or Commissioner for Equal Opportunity. It is Process for decision making activity, impairment (including physical then assessed and if within jurisdiction is Complaint must be in writing to the impairment, mental illness, mental investigated and conciliation attempted. Equal Opportunity Commissioner. It is retardation), industrial activity, lawful If unsuccessful, the matter is referred to then assessed and if within jurisdiction is sexual activity, or personal association the Equal Opportunity Tribunal for hearing investigated and conciliation attempted. with persons having any of the above and legally enforceable determination. If unsuccessful, the matter is referred to attributes. the Equal Opportunity Tribunal for hearing Source: “A Guide To Australia’s Anti-Discrimination and legally enforceable determination. Other unlawful conduct Laws”, Australian Human Rights Commission, Sexual harassment http://www.humanrights.gov.au/info_for_ TASMANIA ANTI-DISCRIMINATION ACT 1998 employers/law/index.html (TAS) Areas covered Employment; partnerships; firms; Grounds of unlawful discrimination professional and other organisations; Age, breastfeeding, disability, family qualifying bodies; employment agencies; responsibilities, gender, industrial activity, education; provision of goods and irrelevant criminal record, irrelevant services; accommodation (including medical record, lawful sexual activity, alteration of accommodation); clubs marital status, relationship status, parental or community service organisations; status, political activity, political belief municipal or shire councils. or affiliation, pregnancy, race, religious activity, religious beliefs or affiliation, VICTORIA EQUAL OPPORTUNITY ACT 1995 sexual orientation, association with a (VIC) – CONT’D person who has, or is believed to have any of these attributes. Process for decision making Complaint must be in writing to 30

SAMPLE DIVERSITY POLICY

This sample diversity policy demonstrates OUR COMMITMENT: […] is committed to promoting equality the typical areas that organisations need As an employee of […] you can expect: for all. Therefore if you believe you to consider when developing an inclusive have been subject to discrimination in and robust strategy. Of course, needs To be treated fairly and without employment which is in direct conflict vary from organisation to organisation, so discrimination during your with our commitment to equality of when preparing your policy it is important employment with […], commencing opportunity, you should consider raising to consult with your internal stakeholders with the recruitment process, this with your line manager or trying to and seek help externally if required. with access to secondments and resolve it yourself. Alternatively, consider promotions based on merit. registering a complaint through the OUR POLICY: To be fairly appraised and rewarded agreed grievance procedures. The purpose of this policy is to for your personal contribution to provide diversity and equality to all in the business, taking into account As an employee you also have a employment, irrespective of their gender, internal and external comparisons responsibility to treat others with dignity race, ethnic origin, disability, age, national and affordability. and respect. If you have been found to origin, religion or belief, marital status, To work in a healthy and safe have acted in a discriminatory manner, sexual orientation or transgender status. environment free from hazards, appropriate disciplinary procedures will Our organisation will not tolerate any form harassment and discrimination. apply. of unlawful discrimination. To access opportunities for training and development to enable you to We are committed to monitoring the All employees, whether part time, full develop your full potential. effectiveness of the diversity policy time or contract, will be treated fairly and To be supported in balancing your through the [include details here of equally and selection for employment, work and home life commitments whatever process your organisation has to promotion, training or any other benefit and to have your request considered monitor workforce polices]. will be on the basis of aptitude and ability. objectively in line with business needs. To be treated with dignity and respect in a fair and consistent manner in an environment where inappropriate behaviour is not acceptable. 31

MANAGERS CHECKLIST

Become familiar with changes to any HR policies or benefits as a result of the recent law reforms and any changes to anti-discrimination legislation Challenge homophobic attitudes and statements immediately, making it known that any derogatory statements or discriminatory attitudes do not reflect the organisations values and will not be tolerated within your team Visibly support LGBT staff Respect confidentiality and sensitivity around sexual orientation / gender diversity Encourage any “out” LGBT employees to bring their partners/families to company events Support your LGBT employer network, try to attend a couple of meetings if you can Be a role model for organisational values and inclusion to your colleagues and senior managers by being openly supportive of diversity and your LGBT employees Encourage employees to attend any diversity training Attend any Pride and Diversity seminars to ensure that you are up to date and aware of LGBT issues and current best practice. 32

DEFINITION OF TERMS

Affirming Gender The process of adopting a way of life or body that matches a person’s sense of their gender.

Bisexual A person who is sexually and emotionally attracted to people of both sexes.

‘Coming out’ The process through which an individual comes to recognize and acknowledge (both to self and to others) his or her sexual orientation / gender identity / intersex status.

Cross-dresser A person who has an emotional need to express their alternate gender identity and be accepted in that role on a less permanent basis.

Cultural Minority sexual orientation and gender encompass cultural issues as they often convey specific values and social competence affiliations. / awareness / sensitivity Gay Usually a man whose primary emotional and sexual attraction is towards other men and who chooses to identify as gay. Although the term is most commonly applied to men, some women use this term.

Gender Identity A person’s sense of identify defined in relation to the categories male and female. Some people may identify as both male and female while others may identify as male in one setting and female in another. Others identify as androgynous or intersex without identifying as female or male.

Heterosexism The belief that everyone is, or should be, heterosexual and that other types of non-heteronormative sexualities or gender identities are unhealthy, unnatural and a threat to society. Heterosexism includes both homophobia and transphobia and a fear of intersex people who challenge the heterosexist assumption that there are only two sexes.

Homophobia The fear and hatred of lesbians and gay men and of their sexual desires and practices.

Internalised The internalization by lesbians and gay men of negative attitudes and feelings towards homosexuality. homophobia Internalised The internalization of transgender people of negative attitudes and feelings towards transgenderism. transphobia Intersex A biological condition where a person is born neither exclusively male nor female. The previous term for intersex was hermaphrodite.

Lesbian A woman whose primary emotional and sexual attraction is towards other women and who chooses to identify as lesbian.

LGBTI Acronym for Lesbian, Gay, Bisexual, Transgender and Intersex

Men who have Men who engage in sexual activity with other men, but who do not necessarily self-identify as gay or bisexual. sex with men Queer This term is mostly used by a relatively small group of younger people who claim to reject notions of identity. Is also used on occasion as an umbrella term that includes a range of alternative sexual and gender identities, including gay, lesbian, bisexual and transgender, but may not always be a palatable term for those within this group.

Same-sex Attraction towards people of one’s own gender. The term has been used particularly in the context of young attraction people whose sexual identity is not fixed, but who do experience sexual feelings towards people of their own sex.

Transgender A person who identifies with the gender other than the one to which they were assigned at birth or soon after. The terms male-to-female and female-to-male are used to refer to individuals who are undergoing or have undergone a process of gender affirmation.

Transphobia Fear and hatred of people who are transgender.

Transsexual A term which is falling into disuse because it is too often assumed to denote a form of sexuality (by parallel with ‘heterosexual’, ‘homosexual’, ‘asexual’ and ‘bisexual’. The term is generally being subsumed by ‘transgender’ which more accurately describes the process of change.

Women who have Women who engage in sexual activity with other women, but who do not necessarily self-identify as lesbian or sex with Women bisexual.

Reference: Adapted from Well Proud, A guide to gay, lesbian, bisexual, transgender and intersex inclusive practice for health and human services. Ministerial Advisory Committee on Gay, Lesbian, Bisexual, Transgender and Intersex Health and Wellbeing. Department of Health, Melbourne, Victoria (2009). 33

CONTACT POINTS

PRIDE IN DIVERSITY ANTI-DISCRIMINATION BOARD OF NEW OFFICE OF THE ANTI-DISCRIMINATION 9 Commonwealth Street, SOUTH WALES COMMISSION (TASMANIA) SYDNEY, NSW 2000 PO Box 350 Level 4, 175 Castlereagh Street Level 1, 54 Victoria Street DARLINGHURST, NSW 1300 Sydney NSW 2000 Hobart Tas 7000 Telephone: (02) 9206 2136 PO Box A2122 Telephone: (03) 6233 4841 TTY: (02) 9283 2088 SYDNEY SOUTH NSW 1235 Statewide Local Call: 1300 305 062 Facsimile: (02) 9206 2002 Telephone: (02) 9268 5555 Facsimile: (03) 6233 5333 Web: www.prideindiversity.com.au Toll free: 1800 670 812 TTY: (03) 6223 6234 Email: info@ prideindiversity.com.au (within NSW only) Web: TTY: (02) 9268 5522 www.antidiscrimination.tas.gov.au FAIR WORK OMBUDSMAN Facsimile: (02) 9268 5500 SOUTH AUSTRALIA EQUAL OPPORTUNITY GPO Box 9887 Web: www.lawlink.nsw.gov.au/adb COMMISSION In your capital city ANTI-DISCRIMINATION COMMISSION OF Infoline: 13 13 94 (8am - 6pm, Mon-Fri) QUEENSLAND Level 10, 30 Currie St TTY: 1800 555 677 Adelaide SA 5000 and ask for 13 13 94 Level 17, 53 Albert Street GPO Box 464 Web: www.fairwork.gov.au BRISBANE QLD 4000 ADELAIDE SA 5001 PO Box 15565 Telephone: (08) 8207 1977 AUSTRALIAN HUMAN RIGHTS COMMISSION City East QLD 4002 Toll free: 1800 188 163 Level 8, Piccadilly Tower Telephone: (07) 3247 0900 TTY: (08) 8207 1911 133 Castlereagh Street Toll free: 1300 130 670 Facsimile: (08) 8207 2090 SYDNEY NSW 2000 Facsimile: (07) 3247 0960 Web: www.eoc.sa.gov.au Postal Address: Web: www.adcq.qld.gov.au VICTORIAN EQUAL OPPORTUNITY AND GPO Box 5218 HUMAN RIGHTS COMMISSION SYDNEY NSW 2001 EQUAL OPPORTUNITY COMMISSION 3rd floor, 380 Lonsdale Street General enquiries: (02) 9284 9600 WESTERN AUSTRALIA MELBOURNE VIC 3000 Complaints Infoline: 1300 656 419 2nd floor, 141 St George’s Terrace Telephone: 1300 891 848 General enquiries and publications: PERTH WA 6000 TTY: 1300 289 621 1300 369 711 Telephone: (08) 9216 3900 Facsimile: 1300 891 858 TTY: 1800 620 241 Toll free: 1800 198 149 Web: Facsimile: (02) 9284 9611 TTY: (08) 9216 3936 www.humanrightscommission.vic.gov.au SMS: 0488 744 487 Facsimile: (08) 9216 3960 Web: www.humanrights.gov.au Web: WEAR IT WITH PRIDE Email: www.equalopportunity.wa.gov.au In 2008 the Federal Government changed [email protected] 85 laws to give same-sex couples in For workplace related enquires send an a de facto relationship or registered email to: NORTHERN TERRITORY ANTI- relationship the same rights as de [email protected]. DISCRIMINATION COMMISSION facto opposite-sex couples. The Wear It For further information about the 7th floor, 9-11 Cavenagh Street With Pride Website provides important Commission’s Publications send an email DARWIN NT 0800 information for people in a same-sex to: [email protected]. Locked Mail Bag 22 relationship in the area of public office, GPO DARWIN NT 0801 parenting, the workplace, relationships, ACT HUMAN RIGHTS COMMISSION Telephone: (08) 8999 1444 social security, financials, health & ageing Level 4, 12 Moore St TTY: (08) 8999 1466 and immigration. Canberra City ACT 2601 Toll free: 1800 813 846 Web: www.wearitwithpride.com.au GPO Box 158 Facsimile: (08) 8981 3812 CANBERRA ACT 2601 Web: www.nt.gov.au/adc/ ACON Telephone: (02) 6205 2222 ACON is Australia’s largest community- TTY: (02) 6207 1034 based gay, lesbian, bisexual and Facsimile: (02) 6205 1666 transgender (LGBT) health and HIV/AIDS Web: www.hrc.act.gov.au/ organisation. Web: www.acon.org.au 34

GAY AND LESBIAN COUNSELLING SERVICE OF NSW Gay and Lesbian Counselling Service of NSW (GLCS) is a volunteer based community service providing free, anonymous and confidential telephone counselling, information and referral services and support groups for gay men, lesbians, bisexual and transgender persons (LGBT) throughout New South Wales (NSW) on sexuality and life issues. Web: www.glcsnsw.org.au

PARENTS AND FRIENDS OF LESBIANS AND GAYS (PFLAG) PFLAG is a non-profit voluntary organisation whose members have a common goal of keeping families together. PFLAG is here to give help, support and information to families, friends of all gay people. Web: www.pflagaustralia.org.au

INNER CITY LEGAL CENTRE Inner City Legal Centre (ICLC) is a specialist legal service for anyone who is gay, lesbian, bisexual, transgender or intersex in NSW. ICLC provides legal advice on employment discrimination and a range of other legal issues. 50-52 Darlinghurst Rd Kings Cross NSW 2011 PO Box 25 Potts Point NSW 1335 Telephone: (02) 9332 1966 Facsimile: (02) 9360 5941 Email: [email protected] Web: www.iclc.org.au 35

THE GENDER CENTRE

The Gender Centre is committed to These training sessions range from a brief such as anti discrimination laws and EEO developing and providing services and 1 hour workshop to longer programs. Each legislation. All employers are expected to activities which enhance the ability program is tailored to suit the individual adhere to the guidelines of these laws. of people with gender issues to make employer/ organisation and includes informed choices. handouts and information resources The Gender Centre also offers advice made available to the workplace so they to employers when they are seeking The Gender Centre is a welfare, support, can share the information across the information on how best to manage and information service funded to support organisation. specific situations in the workplace. transgender people, their family and There are a number of staff employed friends. We are funded by Community at the Gender Centre with HR skills and Services and the Department of Health SOME GENERAL POINTERS THAT ARE training who have the added insight of to support people across the entire state DISCUSSED IN THE TRAINING INCLUDE: a greater understanding of the needs of NSW. In practical terms the Gender of transgender employees. It is free for Centre offers an array of services to the There is a need of open and honest employers to contact the Gender Centre transgender and gender questioning communication between the employee to seek out information pertaining to community which includes: who is transitioning and the employer particular situations. which identifies the time frame in which Accommodation in refuge housing the transgender person envisages POLARE (17 beds) their transition occurring, strategies for To access a free copy of Polare contact the Counselling (free service and phone informing other relevant people in the Gender Centre and ask for the resources counselling is available to people in work place, strategies to encompass worker. All social events are advertised in rural and regional NSW) training in the workplace should the the magazine. Outreach to inmates in NSW employers deem it necessary and lastly correctional centres strategies for managing harassment and OUTREACH Outreach to the sex workers in inappropriate behaviour in the workplace The Gender Centre does have some metropolitan and central Sydney around acceptance of the transgender specialist outreach case management Advocacy employee. times. Contact the Gender Centre to find Social events such Wednesday Night out a time that the case work team is in Drop In Understanding from the employer location close to you. Needle exchange and safe sex about the expectation that all diversity is supplies respected in the workplace. CONTACT: Community case management to The Gender Centre people residing within NSW Clear understanding of the dress code for 7 Bent St Workshops and information days the person transitioning, especially if a Petersham, NSW 2049 for transgender people on issues uniform is part of the position. This means Phone number: (02) 9569 2366 ranging from self defence to HIV and acknowledging that the same dress codes Fax Number: (02)9569 1176 Hep C apply to all people of the same identified For rural and regional NSW there is a free Education and training to employers gender in the workplace; e.g. for men and call number: 1800 069 115 and service providers who work with trans-men the dress code will be the same: Web: www.gendercentre.org.au transgender people closed shoes, collared shirt, no jeans. Production of a quarterly magazine: OPENING HOURS “Polare” which is available free of Use of appropriate pronouns: it is not charge acceptable to refer to a transgender The Gender Centre is open from 9am to An selection of books and woman as “mate”, “buddy” or “pal”. Nor is it 4.30pm Monday to Friday. information available through the acceptable to refer to a trans-man as “she”, Gender Centre’s library for people to “girly”, “miss”. And it is unacceptable to The office is closed from 1-2 pm everyday. utilise refer to any transgender person as “it”, or Information via the website for “shim” or any other derogatory pronoun. Drop in is on a Wednesday Night from transgender people, their families The pronouns associated with a person’s 5pm-8pm and dinner is provided. and friends, the community, identified gender are the ones that are employers and service providers. expected to be utilised at all times.

TRAINING Clarification around the use of the company’s amenities is always important The Gender Centre offers training to as people often have concerns. It is employers about issues in the workplace acceptable for a transgender woman to for transgender employees as well as use the ladies toilets. support and training when a person chooses to transition in the workplace. There are specific legislative codes that support transgender people in the workplace 36

PRIDE IN DIVERSITY

What is the Pride in Diversity program? It has been specifically designed to assist Diversity and HR professionals with: Pride in Diversity is Australia’s first LGBT Workplace Equality Program, modeled on international leading edge programs: • The support, guidance, resources and research they need to successfully incorporate LGBT initiatives into their diversity Diversity Champions Program, Stonewall (UK), and the strategy. Corporate Equality Index, Human Rights Campaign (US). • The LGBT expertise needed to create an all-inclusive, leading This membership based program aims to: edge diversity practice that is inclusive of all diverse groups, not • Assist Diversity and HR professionals in the area of LGBT just those traditionally based on gender, race, age and disability. inclusive strategies, awareness, employee network/resource Who runs the Pride in Diversity program? group implementation, advice, support and training. The Pride in Diversity program has been set up in Australia via a • Facilitate continuous improvement in regard to LGBT inclusivity joint partnership between ACON, Australia’s largest community- within the Australian workplace diversity agenda, thereby based LGBT health and HIV/AIDS organisation, Diversity Council positively impacting employer practices and policies towards Australia (Australia’s independent body of expertise on diversity) LGBT employees. and Stonewall UK. • Promote leading LGBT employers for their inclusive workplace In addition to ACON, Diversity Council Australia and Stonewall culture. UK, a small group of foundation members play an instrumental • Provide LGBT Australians with information on leading practices role in aligning the deliverables of the program to the needs of and policies of prospective employers. Australian workplaces. Stonewall UK, a partner of this program via its Diversity Champions forum, provides ongoing valuable • Contribute through business to the social inclusion agenda in insight and guidance in relation to the program offerings Australia. along with expertise in relation to the set up of the Australian • Promote health and well-being of LGBT employees by creating Workplace Equality Index.differences lead to diversity of thought inclusive workplaces and minimising mental health issues which is required for the innovation we need for our clients.” associated with stigma and discrimination. 37

BACKGROUND TO PRIDE IN DIVERSITY Nomination of an LGBT Network Brand and Markets The Pride in Diversity program is an Leader within your organisation Working with and promoting your alliance employer membership forum for LGBT to represent your internal LGBT with a LGBT inclusive program such as equality and diversity issues in the community. Pride in Diversity, you can: workplace. It is a partnership of ACON, Diversity Council Australia (DCA) and Promote your brand and inclusive culture: Stonewall UK, which welcomes members THE BUSINESS CASE FOR A DIVERSITY from the private, public and community STRATEGY THAT INCORPORATES LGBT Be recognised as an inclusive sectors. INITIATIVES employer that incorporates LGBT in a leading edge diversity strategy. Its aims are to: Same Sex Legislation 74% gay and 42% straight consumers The Rudd Government’s decision to are less likely to buy products from facilitate and share good practice remove practical discrimination against organisations holding negative views with employers in relation to LGBT same-sex relationships represents a of lesbian and gay people (Harris people in the workplace significant change in the legislative Interactive). promote leading LGBT employers and social environment for lesbian, gay The new workforce (Gen Y and inform LGBT people about the and bisexual people in this country. As beyond) are increasingly discerning businesses of choice for them, and a modern, pluralistic society, Australia about potential employers and their contribute through business to the is becoming increasingly tolerant and diversity track record. social inclusion agenda for Australia. accepting of sexuality and gender diversity. Capture profitable niche markets – attracting the “pink dollar” BENEFITS OF JOINING PRIDE IN DIVERSITY Lesbian, gay, bisexual and transgender (LGBT) people are part of every sector of Australian gay and lesbian A dedicated client account manager the Australian workforce. Until recently, households control an estimated to provide support and advice and recognition of sexuality and gender annual disposable income of $10 ensure you maximise the benefits of diversity at work has fallen within the billion (The A to Z of the pink dollar, the program framework of anti-discrimination and The Age, 2004). Three good practice seminars equal opportunity practices. However, 47% of LGBT consumers (as opposed annually to discuss topical issues as employers seek to gain a competitive to 18% of heterosexual consumers) and share good practice across advantage in the labour market, there are more likely to make a purchasing employers is a growing recognition of the value in decision based on their awareness High quality LGBT awareness adopting workplace policies which go of a company’s diversity policies raising training to help make your further by not only valuing diversity; (Winfield, 2005). workplace fully inclusive but engaging with the needs of LGBT LGBT consumers have high levels of Members-only web site with employees. brand loyalty and are increasingly resources, e-forums and a quarterly focused on the ethical standards of e-bulletin to keep you up to date and Overseas, LGBT organisations have corporations. connected established programs to promote equality LGBT employee representation and Targeted recruitment and marketing and diversity best practice in relation inclusion can help align product and to the LGBT community via to LGBT staff amongst employers. The service offerings to LGBT consumers members-only job pages on our two leading models are the Diversity and investors providing valuable website Champions program run by Stonewall UK insight into the market. Optional free entry in to the and the Corporate Equality Index, which Australian equality index with is published every year by the US-based a tailored feedback meeting, Human Rights Campaign. The two differ in benchmarking data and program that Diversity Champions is a membership- support for continuous improvement based program which recognises leading Exclusive use of the Pride in Diversity LGBT-friendly employers in the UK and logo to promote your work to the provides them with a range of ongoing LGBT community services and support, while the Corporate Exclusive networking opportunities Equality Index lists how LGBT-friendly large with diversity professionals and US corporations are in relation to their across the LGBT community employees, customers and investors. A 25% discount on other training programs, including tailored The Pride in Diversity program has been programs to meet your needs and designed to provide all the support of anti-bullying workshops led by our the Diversity Champions program and in experts addition, launch the Australian Workplace Membership helps build your Equality Index, Australia’s first measure and brand reputation and leadership on benchmark of LGBT inclusive workplaces. diversity 38

Workplace Productivity, Retention and WHAT THIS MEANS FOR AUSTRALIAN Workplace Equality Index with Engagement WORKPLACES a tailored feedback meeting, benchmarking data and 2 in 5 lesbian and gay staff facing Being positive towards LGBT program support for continuous discrimination will change careers employees is the ultimate litmus test improvement. if discrimination continues (Irwin, for an inclusive culture and takes an Exclusive use of the Pride in University of Sydney, 2001). Australian diversity strategy to the next Diversity logo to promote 50% of LGBT employees would level by ensuring that workplaces are your active participation in the feel more committed and loyal to inclusive of all employees, regardless program. employers who introduce LGBT of race/ethnicity, gender, age, sexual Exclusive networking diversity policies and programs orientation, disability or religion. While opportunities with diversity (Same Same : The Gay Census, 2008). LGBT is an assumed agenda item on professionals and the LGBT Employees who feel that they are most progressive diversity strategies in community. able to be “out” in an inclusive culture the US and UK, it is still relatively new to A 25% discount on other training tend to be more productive; this is Australia. programs, including any tailored reflected in career development and programs to meet your needs (ie remuneration. As a result, there are not a lot of anti-bullying). LGBT individuals who report higher practitioners who have the experience An opportunity to build your levels of discrimination are more or expertise to assist diversity and HR brand reputation and leadership likely to have negative work attitudes executives with the implementation on diversity. and fewer promotions (Ragins & of LGBT related strategies, or that offer Nomination of an LGBT Network Cornwell, 2001). specific LGBT advice and support. This Leader within your organisation People perform better when able program provides Australian employers to represent your internal LGBT to be themselves at work one third with that support. community. This person will of gay staff conceal their sexual received a dedicated LGBT related orientation from their employers and The Pride in Diversity program has been newsfeed, have access to support co-workers (Same Same, The Gay designed to assist you in strengthening and advice from the Pride in Census, 2008). your brand and reputation as an Diversity program and will be inclusive employer by providing you our contact for co-ordination of Risk Mitigation with the expertise and support required company participation in LGBT to implement or strengthen the LGBT networking events. Minimise labour costs associated component of your diversity strategy. with complaint resolution absenteeism and staff turnover. Benefits of the PRIDE IN DIVERSITY 53% lesbians and gay men Program experience workplace harassment and discrimination. Members of the Pride in Diversity 50% experience homophobic program will receive the following remarks /jokes in the workplace. benefits:: 28% experience aggressive or unwelcome questions about their A dedicated account manager to status. provide organisational support in 22% report being “outed” in the relation to LGBT issues, ensuring workplace against their will. you maximise the benefits of the 17% report having restricted career program. due to their homosexuality. Invitation to three good practice seminars annually to discuss topical issues and share good Minimise mental health issues within practice across employers. the LGBT community and your A high quality LGBT awareness employee base due to stigma and training session at your premises discrimination. to help you make your workplace Reduce risk of litigation - $125,000 fully inclusive. average cost to manage serious Members-only website with external complaint (DCA, 2008). resources, e-forums and a Negotiated damages awarded have quarterly e-bulletin to keep you exceeded $1M.being “outed” in the up to date and connected. workplace against their will. Targeted recruitment and Reduce risk of reputation damage marketing to the LGBT community (US Dept Labour found share price via members-only job pages on drops within 24 hours of complaint our website. going public). Optional entry into the Australian 39 THE AUSTRALIAN WORKPLACE EQUALITY INDEX Stonewall’s Workplace Equality Index In conjunction to the Pride in Diversity (UK) offering, you will have the opportunity to participate in the Australian Workplace “I am delighted that Lloyds TSB has been Equality Index. rated the top employer in the UK for lesbian, gay and bisexual (LGB) people The Australian Workplace Equality in the 2009 Index. Sexual orientation has Index will be the first index of its kind been a key diversity priority for Lloyds TSB in Australia. Based on the Stonewall for a number of years and this accolade Workplace Equality Index (WEI) in the UK is a testament to our progress and and the Corporate Equality Index (CEI) commitment to this agenda” in the US, this index will be localised to measure the inclusivity of Australian Eric Daniels, Group Chief Executive, workplaces towards their LGBT employees. Lloyds TSB

The highly successful LGBT equality “It is recognition of our hard work and the programs in the US and UK have importance that Simmons & Simmons demonstrated their value with large has attached to the LGBT issues that not employers eager to rate, as a measure only have we been listed in the Stonewall of their overall support of all diverse Top 100 Employers for the first time, populations. Employers participate in but also named the most improved the index not just because it is the “right employer. The Index has been invaluable thing to do”, but because of the clear in highlighting areas in which we can competitive advantage that can be gained improve, and has provided us with from participation in such a program and guidance in all areas of diversity.” Index. David Dickinson, Senior Partner, Australian organisations will be able to Simmons & Simmons participate in the index for a nominal fee. Members of the Pride in Diversity program will be able to participate free of charge. The Index is currently under development Corporate Equality Index (US) with the first expected intake late 2010/ early 2011. “MetLife is proud to earn a perfect score on the Corporate Equality Index for the seventh consecutive year,” said Kathleen Henkel, senior vice president, human resources, MetLife. “It’s great recognition of our open, inclusive culture, as well as our deep understanding of the diverse communities we serve”

Kathleen Henkel, Senior Vice President, Human Resources, MetLife 40

PRIDE IN DIVERSITY KEY CONTACT DETAILS MORE INFORMATION

For more information about membership to the Pride in Diversity program, please contact:

Dawn Hough Program Director - Pride in Diversity

Telephone: (02) 9206 2136 Mobile: 0409 887 212 Email: [email protected] Web: www.prideindiversity.com.au