According to the Center for American Progress’s 2022 Survey, half of LGBTQIA+ adults reported experiencing some form of workplace discrimination or harassment in the past year because of their sexual orientation, gender identity, or intersex status, including being fired or denied a promotion; having their hours cut; or experiencing verbal, physical, or sexual harassment. This statistic is sobering and something employers should be concerned about. At the same time, the Equal Employment Opportunity Commission (EEOC) received 73,485 new discrimination charges in 2022, representing an increase of almost 20% from the previous year.
Whether your organization is more motivated by creating a welcoming environment for everyone or avoiding lawsuits, these are the practices you should have in place:
A clear and compelling policy: Every organization should have an equal employment policy that includes the groups and characteristics that are protected by law (and therefore won’t be a factor in employment decisions), as well as a thorough and easily understood harassment prevention policy that includes a wide variety of examples of harassing behaviors.
Regular training: Thoroughly and regularly train all employees on your values and policies. If your state or city mandates harassment prevention training, ensure that what you’re offering complies.
A system for reporting harassment: Ensure your harassment policy includes a process for reporting incidents of discrimination and harassment. Clearly state that any retaliation against employees who report incidents won’t be tolerated.
An investigation process: Promptly, thoroughly, and objectively investigate all complaints. A designated investigator should speak with the complainant, the accused employee, and any witnesses as soon as possible. Ensure the report and investigation are well documented.
A commitment to confidentiality: Commit to confidentiality, to the extent possible, while addressing allegations or complaints. In many cases, you won’t be able to guarantee confidentiality (you’ll likely need to tell the accused who made the complaint if it was a one-on-one encounter), but an investigation should never become a topic of watercooler conversation, at least not because those investigating wanted to share the hot gossip.
A willingness to use corrective action: Seek fair corrective action and potential remedies for any substantiated complaints, even when the harasser is a key contributor or executive.
While the above steps (when used in good faith) should be helpful in defending against lawsuits, they represent the bare minimum and are likely in your employee handbook already. If you’re reading this, you probably won’t be satisfied by the bare minimum. You’re probably among the concerned companies that want to proactively prevent discrimination and harassment of LGBTQIA+ employees in your workplace. Luckily, the EEOC has helpful guidance on preventing discrimination and harassment based on an extensive study of companies that were most successful on this front. The key components are as follows:
Committed and Accountable Leadership
We all know the outsized influence leadership can have on workplace culture and employee well-being. A recent study found that 70% of people believe their managers have more impact on their mental health than their therapists or doctors. Any workplace that wants to stifle discrimination and harassment needs leadership that is not only committed to preventing it but also actively engaged in fostering an inclusive workplace. For instance, leaders who incorporate pronouns in regular communications—in their e-mail signatures, on Zoom name tags, and when introducing themselves at meetings—can help reinforce a culture and expectation of inclusion. Allocating resources and staff time to harassment prevention strategies demonstrates a commitment to this culture. Because leadership isn’t in the room every day, it’s also critical for employers to train managers on how to prevent, recognize, and respond to objectionable conduct. Even if you believe you’ve established a strong, inclusive culture, your workplace may be tested, and you need to have the tools in place to deal with issues both large and small.
Comprehensive Policies
While even a short policy is better than no policy, an ideal policy will be detailed, easy to understand, and comprehensive. It should indicate that it applies to all employees, applicants, clients, customers, vendors, and third parties and should include examples of prohibited conduct and a detailed description of the organization’s complaint system and where and how employees can access it. The policy should indicate that all complaints will be promptly, impartially, and thoroughly investigated and that the organization will take immediate and proportionate corrections when warranted. Because a policy is only effective if people feel safe and empowered to speak up, your policy should include a statement that complainants will be protected and that identities and information shared will be kept confidential to the extent possible.
How you communicate your policy is as important as what’s in it. Make sure it’s in an easy-to-understand format, translated into all languages commonly used by employees, and posted centrally (on the company’s website, in the company handbook, and in communal spaces). Of course, employees should receive the policy upon hire and during harassment prevention trainings, but when it comes to a preventive policy, you can’t just “set it and forget it.” Make sure you periodically review and update your policy as needed and redistribute it when changes are made. By regularly reviewing and updating your policy, you’re ensuring your leadership and employees are consistently engaged with the material beyond mandated training moments.
Trusted Complaint Procedures
As detailed above, harassment prevention policies only work if your employees feel comfortable coming forward when they see or hear something troubling. What does an effective complaint system look like? For starters, it has to be fully resourced. Employees should know whom they can go to, and they should have multiple options. If you only have one manager available to take complaints, you don’t have an effective complaint system. If a complainant isn’t comfortable speaking with the only person designated to take complaints, an act of discrimination or harassment could easily go unreported. Make sure all those tasked with accepting complaints are well trained, objective, and capable of both neutrality and empathy. Document carefully, investigate neutrally, give due process to all parties, be discreet and respectful, and share the general resolution (exact details of any discipline not necessary) to the complaining employee when you’re done.
Tailored Training
Make your training directly applicable to your audience and organization. That may mean varying your training by department, so long as the core principles and policies are taught and reinforced to everyone. You can further bolster your training by making it interactive—include real-world practice scenarios with best practices and solutions that include the steps in the complaint procedure. Ensure these interactive training sessions are championed by senior leadership, who are in attendance and participating themselves. Visible and engaged leadership will help ensure employees take the training to heart.
Consider Grassroots Efforts
In addition to all of the EEOC’s recommendations above, which are primarily top down, employers can and should consider how they can get employees involved in grassroots programs like employee resource groups (ERGs). These voluntary groups bring employees together, empowering them to engage with one another and create a safe space for diversity, equity, inclusion, and belonging (DEIB) discussions. Supporting internal dialogue provides a psychologically safe environment for employees to talk about belonging, deepen their understanding of identity differences, and build a community. A recent report found that 81% of LGBTQIA+ employees believe ERGs create a comfortable work environment, and 80% report it improves their well-being at work.
Mineral Chief HR Legal Expert Kara Govro.