BEING LESBIAN, GAY, BISEXUAL AND TRANSGENDER AT WORK A GUIDE FOR LGBT PEOPLE AND TRADE UNIONS PREFACE Congress — Congress is the largest civil Congress strives to achieve economic society organisation on the island of development, social cohesion and justice Ireland, representing and campaigning by upholding the values of solidarity, on behalf of some 797,399 working fairness and equality. people. Women now make up 51% of Even a casual glance backwards at the membership. There are currently 55 history shows the many gains and unions affiliated to Congress, north and advances that have been won by trade south of the border. unions for all in society,- safer working Congress seeks to achieve a just society conditions, paid holidays, maternity – one which recognises the rights of leave, the minimum wage, paid all workers and citizens to enjoy the overtime, to name but a few. The list is prosperity and fulfillment which leads virtually endless and many of the most to a good quality of life. Quality of life basic rights that people now take for embraces not just material well-being, granted have been hard won over many but freedom of choice to engage in the years. Of course the greatest danger is arts, culture and all aspects of civic life. that we begin to do precisely that - take This vision applies in the context of them for granted. Ireland, Europe and the wider world and challenges the existing economic order. 1 The most effective way to protect physical and sexual health; workplace For further information contact: established rights and break new ground equality and community capacity Irish Congress of in pursuit of greater equality for all development. Trade Unions (ICTU) in society is through the trade union 32 Parnell Square GLEN has been instrumental in movement. Dublin 1 achieving a range of legislative and A single voice can be drowned out or policy change for LGB people including: T: +353 1 889 7777 dismissed. That becomes a little more decriminalisation in 1993; inclusion [email protected] difficult when over 797,399 people in the Unfair Dismissals Act 1993; www.ictu.ie speak out as one. recognition of sexual orientation in GLEN – Gay and Lesbian refugee law in 1996; inclusion in the GLEN, the Gay and Lesbian Equality Equality Network Employment Equality Act in 1998; Network — is a policy and strategy 2 Exchange Street Upper the Equal Status Act in 2000; and focused NGO which aims to deliver Dublin 8 most recently, comprehensive Civil ambitious and positive change for T: +353 1 672 8650 Partnership in 2010. lesbian, gay and bisexual people M: +353 87 131 9519 (LGB) in Ireland, ensuring full equality, Equality in the workplace is a key [email protected] inclusion and protection from all forms issue for lesbian, gay, bisexual and www.glen.ie of discrimination. transgender people. GLEN greatly values This information is for general our collaborative relationship with GLEN focuses on delivering change guidance only and should not be Congress and is delighted to continue across a series of areas: legal regarded as legal advice this work with the joint publication recognition, protection and support of this timely guide for lesbian, gay, for LGB relationships and families; bisexual and transgender employees. education; mental health and well-being; 2 3 Speaking at the launch of GLEN’s LGB Despite this progress many workplaces LGBT EqualiTy in Diversity Guide for Employers and Trade are not yet fully inclusive of their LGBT Unions in 2010 the then Tánaiste, Mary employees. As LGBT employees, one in ThE WoRkplace Coughlan, Minister for Enterprise, Trade four of us surveyed have been verbally and Employment said ‘It is essential that abused at some stage in our careers on Equality in the workplace is a key priority 20 years. There are a substantial range work is a place where we are respected the basis of our sexual orientation or for the approximately 130,000 lesbian, of legal protections in force which and valued ... Our openness to LGBT gender identity (Supporting LGBT Lives, gay, bisexual and transgender1 (LGBT) protect LGB employees including the people will be a critical part of our GLEN and BeLong To 2009). LGBT people at work in Ireland2. There has Unfair Dismissals Act, the Employment success as an advanced and competitive employees regularly have to decide been huge social and legislative progress Equality Acts and the Civil Partnership economy... Employers and trades unions if disclosing our sexual orientation or for LGB people in Ireland over the last Act. While progress has been slower need to in effect “come out” to their gender identity in a particular work for transgender employees, European LGBT employees as being positive context will adversely impact on our Court judgments have expanded the and inclusive places to work for LGBT working lives. 1 Transgender people are individuals whose prohibition on the gender ground in the employees’. gender identity and/or gender expression Certain employment sectors are still differs from the sex they were assigned Employment Equality Act to also include at birth. Transgender is an umbrella term As LGBT people, we are becoming more perceived to be difficult places to work 3 that includes people of different gender transsexual people. identities and gender presentations such visible in work. Surveys show that a in if you are LGBT. The education sector as intersex people, people who cross- majority of us are “out” to some or all is a particular case in point. Section dress without any permanent desire for change, transsexual and other gender 3 Transsexual people identify with, or have of our colleagues. There are a growing 37.1 of the Employment Equality Acts variant people a strong desire to live and be accepted as, the gender different to that which number of LGBT employee networks and may allow religious employers in, 2 GLEN uses a 5% - 7% figure of the they were originally assigned at birth. general population as being LGBT Transsexual people typically may seek trade union groups. for example, education and health, based on international studies such as to bring their body into accordance with to discriminate against employees if Amendment to Employment Equality (Sexual their gender identity and achieve this by Orientation) Regulations: Full Regulatory transitioning which may involve undergoing the body can make a case that this is Impact Assessment 2003. UK Department medical treatment in the form of hormones of Trade and Industry. and/or various surgical procedures. necessary to protect its religious ethos. 4 5 Given the official attitude of many Further information is available at: religions to LGBT people, and despite the LGBT Equality, ICTU protections afforded under the Unfair www.ictu.ie/equality/lgbt.html Dismissal Act, many LGBT teachers do not feel it is safe to be “out” at work. LGB Workplace Diversity Guide, GLEN Trade Unions are playing a leading role www.glen.ie/pdfs/ in addressing this issue. WorkplaceLGBTDiversityGuide.pdf LGBT employees are making a huge Gender Identity in the Workplace: contribution to workplaces and trade An Introductory Guide unions across Ireland. People perform ICTU and TENI. better when they can be themselves. Transgender Equality Network Ireland Let’s all work to ensure that our The Gate Lodge workplaces are fully inclusive of The Carmichael Centre for diversity. Voluntary Groups North Brunswick Street Dublin 7 T +353 1 873 3575 [email protected] www.teni.ie 6 — Performing better by being — Is there a culture of supporting CominG ouT at WoRk themselves: US research found that diversity generally? LGBT respondents who were “out” in — Are there LGBT employees in your safe work places earned 50% more workplace or company? Are they than LGBT people who were not out. visible (i.e. “out”)? Are there visible Introduction in their workplaces (Supporting LGBT LGBT employees at a senior level? “Coming out” describes the process Lives, GLEN and BeLong To 2009). Need to Know — Does your employer communicate of understanding and disclosing one’s As LGBT people, many of us specifically to LGBT staff in sexual orientation or gender identity. Implications have experienced harassment or newsletters, emails etc. For many LGBT people “coming out” Deciding whether to “come out” at work discrimination at some stage in our — Is there an LGBT employee network can be one of the biggest personal is always an individual and personal careers, others thankfully have not. In in your workplace or trade union? decisions they face in the workplace. decision. LGBT people will consider the assessing if your workplace is a safe For further information: While heterosexual people regularly benefits and disadvantages of coming place for LGBT employees to be out in, disclose their sexual orientation when out in a particular workplace. The consider the following: Building LGBT Inclusive Workplaces: they share personal information benefits include: Information for LGBT Employees and — Is there a general culture of respect about their lives e.g. family situation, Employers. Catalyst. www.glen.ie/ for and between employees in your relationships, friends, etc., many LGBT — Feeling more confident at work. Information for LGBT Employees and workplace? people do not disclose their sexual — Fostering openness and stronger Employers.pdf orientation or gender identity for fear relationships with colleagues and — Does your company have an equality Gender Identity in the Workplace: of receiving negative reactions or being clients. policy which explicitly covers sexual orientation and gender identity? An Introductory Guide discriminated against. A 2009 survey — Not having to worry about being Is the policy being implemented An ICTU and TENI Publication 2011 found that just under half of LGBT “outed” and wasting energy having to effectively? employees surveyed were out generally cover up an intrinsic part of one’s life.