The Indian Supreme Court’s landmark decision last month to decriminalise homosexuality now puts the emphasis on HR departments to devise lesbian, gay, bi-sexual and transgender (LGBT)-friendly policies.
On 6 September, the Court unanimously struck down an element of Section 377 of the Indian Penal Code that has traditionally excluded many kinds of adult consensual sex. In its judgment, the Court emphasised the fundamental right of homosexual people to live with dignity and without stigma, enjoying equal rights under the country’s constitution and equal protection under its law.
As a result, responsibility now falls on employers to draft inclusive workplace policies that implement a set of rules and norms in order to establish a safe and non-discriminatory work environment and promote diversity.
How to create an LGBT-friendly workplace
In order to create an environment where LGBT employees feel safe and secure at work as they are respected and treated with dignity, it is necessary for HR departments to actively set this as a goal. It is also vital that they devise concrete policies that are both aspirational and intolerant of abuse, discrimination, and exploitation. To implement such policies successfully, meanwhile, requires a combination of awareness, training and organisational dialogue.
As a starting point though, employers should discuss sexual orientation and anti-discrimination issues in their policies. These policies should also be referred to during the staff onboarding process and in the employee handbook. The aim is to actively foster an environment in which the language used is open and respectful and promotion to leadership positions is not based on matters of personal or sexual identity.
Moreover, the employer’s position should remain consistent across the board and be communicated clearly and explicitly in order to lay the groundwork for building an inclusive organisational culture.
To this end, it makes sense to hold periodic diversity initiatives, seminars, workshops and sensitisation programmes in order to encourage greater understanding, support and participation among both management and employees.
In conservative societies such as India, where public spaces are often an extension of the home and prejudice legitimises bullying and harassment, members of the LGBT community can often struggle, and even feel somewhat traumatised. As a result, access to information about mental health and other support services should be made easily available, and the HR team would be advised to make itself approachable to staff members requiring help.
Another consideration is that, because discrimination is usually the result of unfamiliarity and ignorance, it also makes sense to enable people to share meaningful interactions and experiences to help change attitudes. One way of achieving this is to host meetings between staff and LGBT groups, while also ensuring the organisation has a support system in place that was ideally created by LGBT workers for LGBT workers.
However, it is also worth noting that such shifts require continuous follow-up and attention. They certainly cannot be achieved through a single policy, action, or reaction.
For instance, as well as ensuring diversity in recruitment practices, creating an aware work environment and establishing clear rules of conduct, employers also need to start exploring how best to extend social, financial and legal benefits to members of the LGBT community and their partners.
Why inclusive HR policies benefit everyone
Leading Indian and multinational firms based in India’s major metropolitan cities such as Mumbai and New Delhi have tended to treat members of the LGBT community relatively well for a long time. But now that the Supreme Court has decriminalised the community and established their legal rights, it is time for the affirmative action policies pursued by some smaller companies to become more direct and transparent.
Not only is this a major breakthrough in and of itself, but it also means that employers now have a legal responsibility to foster inclusivity.
The creation of inclusive HR policies will not benefit the LGBT community alone though. For example, India has some of the lowest female workforce participation rates in the world – a situation that can generate unhealthy working cultures and socio-cultural attitudes.
As a result, in a bid to exploit the benefits that having a diverse workforce can bring not least in terms of new ideas and innovation, both the government and corporate India are trying hard to make the workplace more safe and inclusive for everyone.
By Melissa Cyrill
This article was first published on India Briefing.
Since its establishment in 1992, Dezan Shira & Associates has been guiding foreign clients through Asia’s complex regulatory environment and assisting them with all aspects of legal, accounting, tax, internal control, HR, payroll and audit matters. As a full-service consultancy with operational offices across China, Hong Kong, India and ASEAN, we are your reliable partner for business expansion in this region and beyond. For inquiries, please email us at info@dezshira.com. Further information about our firm can be found at: www.dezshira.com.
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The Indian Supreme Court’s landmark decision last month to decriminalise homosexuality now puts the emphasis on HR departments to devise lesbian, gay, bi-sexual and transgender (LGBT)-friendly policies.
On 6 September, the Court unanimously struck down an element of Section 377 of the Indian Penal Code that has traditionally excluded many kinds of adult consensual sex. In its judgment, the Court emphasised the fundamental right of homosexual people to live with dignity and without stigma, enjoying equal rights under the country’s constitution and equal protection under its law.
As a result, responsibility now falls on employers to draft inclusive workplace policies that implement a set of rules and norms in order to establish a safe and non-discriminatory work environment and promote diversity.
How to create an LGBT-friendly workplace
In order to create an environment where LGBT employees feel safe and secure at work as they are respected and treated with dignity, it is necessary for HR departments to actively set this as a goal. It is also vital that they devise concrete policies that are both aspirational and intolerant of abuse, discrimination, and exploitation. To implement such policies successfully, meanwhile, requires a combination of awareness, training and organisational dialogue.
As a starting point though, employers should discuss sexual orientation and anti-discrimination issues in their policies. These policies should also be referred to during the staff onboarding process and in the employee handbook. The aim is to actively foster an environment in which the language used is open and respectful and promotion to leadership positions is not based on matters of personal or sexual identity.
Moreover, the employer’s position should remain consistent across the board and be communicated clearly and explicitly in order to lay the groundwork for building an inclusive organisational culture.
To this end, it makes sense to hold periodic diversity initiatives, seminars, workshops and sensitisation programmes in order to encourage greater understanding, support and participation among both management and employees.
In conservative societies such as India, where public spaces are often an extension of the home and prejudice legitimises bullying and harassment, members of the LGBT community can often struggle, and even feel somewhat traumatised. As a result, access to information about mental health and other support services should be made easily available, and the HR team would be advised to make itself approachable to staff members requiring help.
Another consideration is that, because discrimination is usually the result of unfamiliarity and ignorance, it also makes sense to enable people to share meaningful interactions and experiences to help change attitudes. One way of achieving this is to host meetings between staff and LGBT groups, while also ensuring the organisation has a support system in place that was ideally created by LGBT workers for LGBT workers.
However, it is also worth noting that such shifts require continuous follow-up and attention. They certainly cannot be achieved through a single policy, action, or reaction.
For instance, as well as ensuring diversity in recruitment practices, creating an aware work environment and establishing clear rules of conduct, employers also need to start exploring how best to extend social, financial and legal benefits to members of the LGBT community and their partners.
Why inclusive HR policies benefit everyone
Leading Indian and multinational firms based in India’s major metropolitan cities such as Mumbai and New Delhi have tended to treat members of the LGBT community relatively well for a long time. But now that the Supreme Court has decriminalised the community and established their legal rights, it is time for the affirmative action policies pursued by some smaller companies to become more direct and transparent.
Not only is this a major breakthrough in and of itself, but it also means that employers now have a legal responsibility to foster inclusivity.
The creation of inclusive HR policies will not benefit the LGBT community alone though. For example, India has some of the lowest female workforce participation rates in the world – a situation that can generate unhealthy working cultures and socio-cultural attitudes.
As a result, in a bid to exploit the benefits that having a diverse workforce can bring not least in terms of new ideas and innovation, both the government and corporate India are trying hard to make the workplace more safe and inclusive for everyone.
By Melissa Cyrill
This article was first published on India Briefing.
Since its establishment in 1992, Dezan Shira & Associates has been guiding foreign clients through Asia’s complex regulatory environment and assisting them with all aspects of legal, accounting, tax, internal control, HR, payroll and audit matters. As a full-service consultancy with operational offices across China, Hong Kong, India and ASEAN, we are your reliable partner for business expansion in this region and beyond. For inquiries, please email us at info@dezshira.com. Further information about our firm can be found at: www.dezshira.com.
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