?Despite widespread corporate nondiscrimination measures and legislative progress in various places, severe criminal penalties and other dangers threaten LGBTQ+ employees in many countries—posing challenges for employers and workers alike.
Human Dignity Trust, a U.K.-based global human rights group advocating for LGBTQ+ people, cites 66 countries that criminalize consensual same-sex activity.
At least six countries implement the death penalty for same-sex activity, according to the group, which also reports that 14 nations criminalize transgender people’s gender identity or expression while various laws in many more countries also target transgender people.
Globally, LGBTQ+ workers and those workers with LGBTQ+ family members face “significant challenges to their legal equality, safety and well-being,” said Deena Fidas, managing director and chief program and partnerships officer for Out & Equal, a nonprofit in Washington, D.C., that promotes workplace equality for LGBTQ+ people.
While Uganda has received condemnation for a new law that institutes the death penalty for homosexuality, some countries have taken steps to roll back similar statutes in the last year, Fidas added. Antigua and Barbuda, Barbados, and Singapore are among those nations that have stricken laws that criminalize same-sex relationships, she noted.
Frank Harrison, regional security director Americas for travel safety firm World Travel Protection in Toronto, also noted “incredible progress,” including anti-discrimination laws and recognition of same-sex marriages, in many developed regions. But significant risks still exist in various places.
“LGBTQ+ individuals face persecution and discrimination, and with the rise of right-wing movements and elected governments, this threat is emerging in once-deemed-safe countries and locations,” Harrison said.
Employer Responsibility
Employers have a responsibility to help support and protect LGBTQ+ employees facing discrimination and danger, according to experts.
“The employer’s duty of care is framed by understanding who their travelers are, the destinations they are going to and the activities they will be performing,” Harrison said. “Employers need to provide consistent messaging to all employees, regardless of gender or identity, and support them when they make informed decisions concerning their health, safety and well-being.”
Before travel, employers should ask employees if they have safety concerns and support their informed choice, Harrison added.
“I do not suggest nor expect organizations to ask employees to self-declare. Every traveler should receive the same pre-travel education and awareness, so everyone has the same tools, knowledge and ability to make informed decisions and watch out for their co-workers,” he said.
“Employers have an obligation and business imperative to protect their employees and to uphold consistent workplace protections everywhere they operate,” Fidas said.
She cited Human Rights Campaign statistics showing more than 90 percent of Fortune 500 companies have LGBTQ+ nondiscrimination protections and said most have made them consistent globally.
“This makes good business sense—you want your managers and employees playing by the same rule book, especially as talent is mobile and increasingly global,” Fidas said.
“Travel and relocation of LGBTQ+ employees should be handled with great sensitivity and care,” both with respect to having plans for employees who may need to leave a hostile locale and those who may temporarily be stationed in challenging environments, she said.
Major employers already have ample experience with hardship posts, safety and contingency plans, and reconciling needs and individual employee circumstances across identities, Fidas said.
“When it comes to the LGBTQ+ workforce and those with LGBTQ+ family members, the process should include reasonable accommodations, thoughtful attention to matters of visas and identity documents, access to medical care, point people, and an explicit plan for emergency needs, as well as guidance for staying safe outside of work,” she added.
Steps Employers Can Take
Harrison also cited steps employers can take to protect and support LGBTQ+ employees, and measures the workers may need to take as well. These include:
- Implementing inclusive travel policies that address potential risks faced by LGBTQ+ workers and considering alternative safety measures based on local circumstances.
- Researching and staying up-to-date on local laws and regulations regarding LGBTQ+ rights and same-sex relationships in the destination country or region, international or domestic.
- Recognizing the potential difficulties employees may face if they use nongender, misgendered or “dead-named” passports; six countries accept a gender unspecified “X” designation on passports, but certain others might refuse entry to those using them, Harrison said. A dead-named passport refers to a transgender or nonbinary person by their birth, rather than current, name.
- Establishing support systems for employees, such as designated contact people and employee assistance programs and resource groups, and encouraging them to connect with local LGBTQ+ communities where it is safe to do so.
- Maintaining confidentiality about employees’ sexual orientation or gender identity and providing a nonjudgmental space for them to discuss concerns in restrictive environments.
- Reminding employees of the availability of any employee assistance program.
Dinah Wisenberg Brin is a reporter and writer in Philadelphia.