Many organisations, which require a declaration of ‘spouse’ to provide medical or insurance coverage, are now altering it to ‘partners.’ This is a minor change but has set the ball rolling for the LGBTQ communities, says Sanjay Lakhotia
India is currently going through a phase of historic inclusivity propelled by Supreme Court’s verdict on Section 377 of the Indian Penal Code that now decriminalises homosexuality. Sexual orientation has been lawfully accepted as a natural phenomenon and thus any discrimination on these lines is deemed unconstitutional.
However, non-inclusivity of LGBT community in the public sphere has affected the economic statistics of the country to a great extent.
According to the Indian LGBT Workplace Climate Survey 2016, 48 per cent of LGBT Indians said they could be legally fired from their jobs for belonging to the community. Around 87 per cent do not have access to formal LGBT Employee Resource Groups within their organisation. The World Bank has further estimated that homophobia has cost India 31 billion dollars a year because of lower educational achievements and loss of labour productivity.
The law has been rightfully liberal in its outlook of treating the LGBTQ community with equality. Indian society has, in general, not been very accepting of or welcoming to people who are different in any manner. It is time for a change in the status quo and for us to begin respecting the right of an individual irrespective of any difference. One of the most important areas for this change is the workplace and creating an indiscriminately-inclusive work environment where equal work opportunities, promotions, insurance, wages, benefits and leaves are extended to the LGBTQ community as well — in short, inclusivity in everything from hiring to firing.
The ripple effect
In 2018, Accenture conducted a study of more than 22,000 men and women in 34 countries to identify the factors deemed necessary to thrive and advance at work. The survey identified 40 such factors including the freedom to be innovative and creative, employees never being asked to change their appearance to conform to company culture and feeling comfortable reporting sex discrimination/sexual harassment(s) to the company. Employees are more likely to advance to a senior management position in organisations where these 40 factors are most common, irrespective of their orientation or any other differences. Such employees are also more satisfied with their careers and have greater career aspirations. Change can happen only when the mindset of people deviates from ignorance and narrow thoughts. A sense of understanding must be weaved into organisations to create a welcoming environment for the community — in fact, an environment where they are not treated as a separate community at all. Indian government and corporate entities are gradually maturing in terms of moulding their HR policies to create such engaging environments.
For instance, most organisations require a declaration of ‘spouse’ to provide medical or insurance coverage. However, this terminology has been altered to ‘partners’ by some companies such as Microsoft, Citibank, Godrej, and Royal Bank of Scotland among others, transferring the benefits to same sex partners as well. Companies like Deutsche Bank and Bank of America Merril Lynch are also determined to follow suit. Though this is a minor change but has set the ball rolling. Sometimes the smallest step in the right direction can make a world of difference rather than a big step in the wrong direction.
Organisations would do well to implement clear anti-discrimination policies to ensure that all employees feel safe and comfortable. Research indicates that when clear instructions are given against stereotyping, it is effective in reducing even unconscious bias. It is prudent to include an equality statement in the company’s mission and train staff on diversity and inclusion.
However, it is imperative to not become over-enthusiastic or arbitrary about the matter as the whole point of inclusivity can get lost in the grand scheme of things. For example, there should not be a cap on the number of people to be employed based on sexual orientation, caste, disabilities, color, etc. This then becomes akin to reservation and may start creating margins. The slate of recruitment and work environment must be plain and open to all with only one line of division – merit and skills.
The course for the future
Justice Dhananjaya Y Chandrachud, during the judgment, rightly said, “It is difficult to right a wrong by history. But we can set the course for the future. This case involves much more than decriminalising homosexuality. It is about people wanting to live with dignity.” It therefore becomes the responsibility of everybody involved in the workplace to create an atmosphere where people can live and breathe with dignity and respect in the air. A staggering 80 per cent of India’s workforce belonging to the LGBTQ community have reported domination, homophobic comments, gestures, actions or even physical threats of violence, according to various surveys. These numbers reveal the true inequalities that the community has faced in the workplace alone.
Every individual in an organisation has a role to play in contributing to a welcoming and harmonious environment of equality and respect. It is our moral duty as human beings to make changes, whether big or small, towards the welfare of humanity and peace.
(The writer is the co-founder of Noble House Consulting Pte.
