LGBTQ and India Workplace Equality Index (IWEI): Benchmarking Tool for Employers to Measure their Progress on LGBTQ Inclusion in the Workplace

Introduction

The Supreme Court of India ruled on September 6, 2018, that consenting homosexual actions are no longer illegal. Section 377 of the Indian Penal Code, a vestige of British colonial rule, was repealed in this historic event. The reform was hailed by Indian and international LGBTQ+ communities as a step toward acceptance and equal rights, but what is the situation of LGBTQ+ rights in India nearly two years later? Many people thought the biggest struggle for LGBTQ rights had been won when the Supreme Court ruled in 2018 that marriage is a right given to same-sex couples. While the advances in legal rights and recognition were undeniably substantial, same-sex marriage recognition alone could not have fixed a number of long-standing LGBTQ challenges, including LGBTQ workplace issues. More than 53% of LGBTQ employees keep their identities hidden at work, citing a continual feeling of being rejected. This identity crisis has a negative influence on their health, happiness, and productivity, as well as on talent retention and leadership development in enterprises.[1] The LGBTQ community today still face a lot of atrocities everywhere, in their societies, workplace, public places. They are teased as “chakka”, “heejda”, and are given disgusting looks. They are discriminated almost everywhere are considered as inferiors. This situation is highly disappointing since even they are human beings and not any aliens or so. This article talks about India workplace equality index and the steps being taken to improve their situation.

Problems faced by LGBTQ in Workplace

Many LGBTQ workplace concerns arise because there are currently no rigid laws that protects employees from discrimination based on their sexual orientation, gender identity, or gender expression. According to research, openly homosexual job applicants in several industries have a 40% lower chance of getting an interview. The unemployment rate for transgender people is three times greater than the national average. While workplace LGBTQ discrimination has an undeniable negative impact on LGBTQ people’s social and economic circumstances, it’s the subtle social dynamics within workplaces that wreak havoc on their sense of security and belonging.[2]

Sushant Divgikar, a renowned transgender who won the 2014 Mr Gay pageant, narrated his experiences where he/she was denied a modelling job just because he was an openly gay person. The directors did not even audition him but just based on his/her looks and homosexuality denied the job. One of the leading entertainment channels also did not him/her to participate in a dance reality show just because no one had ever hired a gay person and was scared that this might bring criticism to his show.[3]Instances like these prove that LGBTQ people face a lot of hardships getting jobs and accepted in the society. The LGBTQ face a dilemma of whether or not to “come out” at work, either openly at meetings and other business gatherings, or privately to your manager and co-workers since they have to deal with bad workplace rumours in social circles and peer groups, especially on social media, after “coming out” at work. They are put in an uncomfortable situation by their supervisors, colleagues, clients or customers when they are automatically assumed as a heterosexual and engage in “heterosexual talk” (i.e., telling a gay male staff member: “Why are you still single? You should marry a nice woman!” or asking a lesbian employee: “Your husband — what does he do for a living?). they have to handle co-workers that treat them with microaggressions (i.e., become more reserved and aloof, more impatient and dismissive, or more marginalising and judgemental) after they “come out” at work, make unfavourable stereotypical assumptions, and/or become aggressive. In many situations the LGBTQ are the most qualified out of a pool of candidates but still face rejection due to homophobia. Many people are concerned that if they speak up against the prejudices of heterosexual, cisgender privileges and assumptions at the workplace they might be fired or bullied or tortured mentally or physically. Lastly in workplace if the LGBTQ get work or are given a chance, there are many other problems which they face like:

• Inadequate signage or a lack of gender-neutral bathroom facilities.
• Only having two gender options when filling out employment/human resource documents: “male” or “female” (i.e., marital status, healthcare, retirement program, etc.)
• Whether the LGBTQ employee will be eligible for gender-affirming healthcare, life insurance, disability insurance, and other job benefits.
• Health insurance coverage for LGBTQ significant others and dependents is insufficient or non-existent at work.
• Inadequate or no life insurance coverage for LGBTQ significant partners and dependents due to lack of work.
• Employment disability insurance coverage for LGBTQ significant partners and dependents is insufficient or non-existent.[4]

India Workplace Equality Index

The ‘India Workplace Equality Index,’ touted as the country’s first comprehensive benchmarking tool for employers to measure their progress on LGBT+ inclusion at work, was unveiled on 10^th December 2020, with the first report virtually announcing winners from among 65 companies that shared data on their diversity and inclusion practises. The IWEI follows the Supreme Court’s unprecedented reading down of Section 377 two years ago. Keshav Suri, a hotelier-activist, worked with Pride Circle, Stonewall UK, and FICCI to bring the IWEI to India Inc. through his non-profit Keshav Suri Foundation. The Index will aid in identifying and recognising employers who are committed to LGBT+ inclusion and have successfully implemented LGBT+ rights in their workplaces. It will honour businesses that have made LGBT+ inclusion a priority in their policies, hiring practises, and internal and external communications. The index will evaluate the performance and initiatives made by organisations in terms of policies and benefits, employee lifecycle, employee network group, allies and role models, senior leadership, monitoring, procurement, community participation, and additional work.[5]

Companies and IWEI

Cummins India has been named one of the Top Employers 2020 in the India Workplace Equality Index (IWEI). The award is given to a company that has made a substantial contribution to fostering LGBT+ inclusion in the workplace and has demonstrated progress and effect over time. Cummins India Pride Employee Resource Group (ERG) has been working to improve the diversity, equality, and inclusion of LGBTQ+ persons since its formation in early 2018. The India Pride ERG has collaborated with appropriate agencies to ensure that all documents and policies are LGBT-inclusive. A Pride Handbook was also created as a quick resource and network resource guide for LGBTQ+ employees, according to the company’s press release. In addition to these initiatives, projects and programmes have been launched to encourage all employees to use their preferred pronouns in their email signatures in order to be inclusive of their non-binary staff. Ashwath Ram, Managing Director, Cummins India said, “Cummins truly believes that with a diverse and inclusive workforce, we can bring the right combination of perspectives, insights and skills to solve the challenges of our stakeholders. At Cummins in India, we take special efforts to create a workplace culture that is not just diverse but also inclusive”.[6]

Hindustan Unilever was one of the companies to win the Gold Award for IWEI. HUL stated that “through inclusion seminars, trainings, and a celebration of community game changers, we will continue to raise awareness about gender and orientation diversity and foster an allyship culture. Our designation as a “GOLD Employer” in Stonewall India’s 2020 India Workplace Equality Index is a testament to our continuing efforts on LGBTQI+ inclusion (IWEI). We’ve also made sure that all of our main offices have gender-neutral restrooms.”[7]

J.P Morgan is another gold award winning company in the IWEI award. They have also been designated as the best places to work for LGBTQ equality and have earned a perfect score in the Corporate Equality Index for the past 16 years. “We’re honoured that our longstanding support of the LGBT community has been recognised with a perfect score on the Corporate Equality Index for the 16th year in a row,” said Mary Callahan Erdoes, CEO of JPMorgan Chase Asset & Wealth Management, who also serves on the Operating Committee of our company’s PRIDE business resource group. This organisation is made up of employees from all over the world who get together to push for workplace equality and inclusion for LGBT employees. [8]

Steps to Protect LGBTQ community in the Workplace

Many LGBTQ persons still live in fear of discrimination, isolation, and being passed over for promotions and job interviews. Hence necessary steps must be taken in order to protect and change the condition of LGBTQ community.

It’s a matter of P.R.I.D.E. to have a diverse and inclusive workplace that’s joyful, healthy, safe, and productive. Here are some steps to achieve P.R.I.D.E:

• Promote a zero-tolerance harassment policy and make it clear that workers who engage in inappropriate behaviour will be reprimanded or fired. Encourage victims and witnesses to come forward and report any inappropriate behaviour.
• Recruit people who identify as LGBTQ. Recruiters should emphasise diversity and inclusion during interviews, and job advertisements should make it clear that they welcome LGBTQ applications. All new employees should be invited to networking events about inclusion and diversity. To demonstrate how welcoming the workplace can be, share information and news about LGBTQ problems on social media and the Internet, as well as through commercials and public displays.
• Identify actionable priorities and identify the organization’s strengths and shortcomings. Examine internal policies for appropriateness and language. Focus on inclusivity to clearly include non-traditional families, establish an inclusive dress code that avoids gender stereotypes, and evaluate internal communication for language and imagery that implicitly implies heterosexual families and relationships as the “norm.”
• Develop LGBTQ networks and allies at all levels of the organization. Mentoring, employee networking organisations, seminars, and conferences all contribute to making the workplace a more welcoming environment for LGBTQ employees. Climate surveys, LGBTQ competence trainings, and employee resource groups (ERG) are all tools you may use to help your staff. Create mentoring programmes that cater to people of all genders, races, ages, and sexual orientations.
• Encourage diversity discussions by implementing proactive diversity initiatives that include diversity and inclusion training and advocating for more inclusive terminology. Discuss what might make employees of all genders, sexualities, and gender expressions feel more included. Foster a gender-neutral environment. Make radical changes to create a gender-neutral setting, such as installing unisex restrooms and adopting gender-neutral vocabulary, such as “partner” instead of “spouse” or “wife.” [9] [10]

Conclusion

Taking steps toward an inclusive workplace and assessing the results sends the message that a company wants to advance, that it wants to include the LGBT community, and that it is committed to diversity. That will be a huge step forward for anyone, regardless of sexuality, and it might just be the sign that someone feels secure enough to come out. The India Workplace Equality Index is a great initiative taken to promote and uplift the LGBTQ community in workplaces as well as in the society. It will encourage everyone to be proud of their sexuality and not be trapped under the burden of being looked down upon or discriminated.

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References:

[1] Why the majority of LGBTQ workers still hide their identity at work, EVERFI (2021), https://everfi.com/blog/workplace-training/lgbt-workplace-issues-hide-their-identity/ (last visited Sep 5, 2021).

[2] Id

[3] [3] Sushant Divgikar – The UNTOLD, Heart-warming Story, The Ranveer Show, Episode 120, https://youtu.be/teQ7BBs5Y5c (25^th June 2021)

[4] Preston Ni, 12 challenges LGBTQ employees face at work Psychology Today (2021), https://www.psychologytoday.com/us/blog/communication-success/202105/12-challenges-lgbtq-employees-face-work (last visited Sep 5, 2021).

[5] HRK News Bureau, India workplace equality index launched HR Katha (2020), https://www.hrkatha.com/diversity-equity-inclusion/india-workplace-equality-index-launched/ (last visited Sep 5, 2021).

[6] Cummins India gets recognition for gender equality in Workplace, @businessline (2020), https://www.thehindubusinessline.com/companies/cummins-india-gets-recognition-for-gender-equality-in-workplace/article33326145.ece (last visited Sep 5, 2021).

[7] Equity, diversity and inclusion, Hindustan Unilever Limited website, https://www.hul.co.in/planet-and-society/equity-diversity-and-inclusion/ (last visited Sep 5, 2021).

[8] JPMorgan Chase earns a perfect score for LGBT equality, 16 years in a row, JPMorgan Chase & Co., https://www.jpmorganchase.com/news-stories/lgbt-2017 (last visited Sep 5, 2021).

[9] Glassdoor Team, 10 Ways to Support LGBT Employees Glassdoor for Employees (2020), https://www.glassdoor.co.uk/employers/blog/10-ways-support-lgbt-employees/ (last visited Sep 5, 2021).

[10] Dr. Dexter Morse, LGBTQ Workplace Diversity & Inclusion-A Matter of Pride Training (2021), https://trainingmag.com/lgbtq-workplace-diversity-inclusion-a-matter-of-pride/ (last visited Sep 5, 2021).