Sexual orientation and the disclosure dilemma
Graduate employers are becoming ever more committed to lesbian, gay, bisexual and transgendered rights. However, whether you reveal your sexuality or not is your choice.
Only 11% of lesbians, gay men and bisexuals have never concealed their sexuality at work. Source: Stonewall
With the surge of unions following the Civil Partnership Act in December 2005, sexual orientation issues are enjoying high profile in the media. This is drawing employers’ attention to sexual orientation in the workplace. Transgender issues are also increasingly prominent. Employers are taking legislation seriously and many are introducing new policies to tackle discrimination. When you’re choosing an employer, make sure they’re gay-friendly – look at employers' diversity policies. Also look out for employers that are Stonewall’s Diversity Champions. The lesbian, gay and bisexual (LGB) campaign group’s Diversity Champions are organisations that have positive policies for LGB employees. Do some research to discover an employer’s attitude. Find out:
- Does their equal opportunities policy cover sexual orientation?
- Is there an LGBT group or network?
- Do they offer equal benefits for all employees?
- Are their job ads in the pink press?
If most answers are ‘yes’, it should be a good place to work.
Some employers monitor sexuality but this isn’t a case of Big Brother watching you – it’s usually a sign that they care about diversity. If you’re concerned, ask why they want to know. If their response isn’t satisfactory, don’t answer.
Remember: disclosure is always your choice; you don’t have to reveal your sexuality at work.
Sexual orientation and graduate recruitment
13% of gay men and lesbians surveyed believe that they have been held back from promotion because of their sexuality. Source: Stormbreak
With all the new rules and regulations, many employers are adjusting their policies and attitudes towards sexual orientation.
Graduate recruiters tend to be professionals who are not guilty of discrimination and most will treat involvement in your university lesbian, gay, bisexual and transgender (LGBT) society as evidence of valuable extra-curricular activity. Nonetheless, you do not have to reveal your sexuality at interview if you prefer not to.
There are laws prohibiting interviewers from asking questions about your sexuality – you can volunteer the information but they can’t ask – so it really is up to you to decide whether you want to be ‘out’ at work.
Some job sectors have a reputation for being homophobic and unfortunately a few do live up to their stereotypes. For example, it can be hard to be openly gay in typically ‘macho’ industries. That’s not to say that you should avoid such sectors but be aware that it may not be easy. Remember that the law is on your side so use it to back you up.
On the positive side, many employers are making huge strides towards diversity. Lots of organisations, particularly blue-chip companies, now have support networks for LGBT employees. Even the armed forces and the police force, once renowned for their homophobia, now encourage lesbian and gay applicants.
Sexual orientation and employability law
Four in ten gay employees have faced abuse at work as a result of their sexuality. Source: TUC
The Civil Partnership Act is the latest in a run of positive legislation for lesbian, gay, bisexual and transgender (LGBT) rights. First came the Employment Equality (Sexual Orientation) Regulations in 2003, providing antidiscrimination laws in the workplace. These were followed by the 2004 Gender Recognition Act, the 2005 Civil Partnership Act and then the 2007 Equality Act, which established a single body responsible for preventing discrimination: the Equality and Human Rights Commission.
Before you start work, make sure you know your rights. Two fifths of lesbians, gay men and bisexuals have faced abuse at work so it’s important to know how to deal with it. The Employment Equality (Sexual Orientation) Regulations prohibit:
- Direct discrimination: where one person is treated less favourably than another because of their sexual orientation.
- Indirect discrimination: when policies or practices covertly disadvantage people of a particular sexual orientation.
- Harassment: victimising people because of their sexuality or creating a homophobic atmosphere at work.
The Civil Partnership Act has had an impact on working life as well as private life. Occupational pension schemes that include married partners must now be available to civil partners too. Find out what benefits you and your partner are entitled to. Ask the human resources department to clarify their equal opportunity policies.
If you feel you have been discriminated against, raise the matter with your manager or someone in HR. If they can’t (or won’t) help, you can make a formal complaint in writing, which usually results in a hearing with your employer. If you’re unhappy with the outcome, you can go to court and sue for damages. The burden of proof lies with the employer – in other words, they have to prove that they have not violated the law. Get support and advice from LGBT groups, the Trades Union Congress (TUC) and your local Citizens Advice Bureau.
The law makes no difference if society’s attitudes don’t change so it’s important to challenge discrimination whenever it’s discovered, to keep things moving in the right direction.
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