5 Tips to Prevent Anti-LGBTQ+ Bias at Work

In the past year alone, the EEOC received 73,485 new discrimination charges, an increase of almost 20% compared to the previous year.

Maintaining a diverse and inclusive workplace is crucial for ethical responsibility and sustained business success. It’s not just about avoiding clashes between employee beliefs and values but creating an environment where everyone feels respected and supported.

The Equal Employment Opportunity Commission (EEOC) recently released its annual performance report for 2022 and a draft of its Strategic Enforcement Plan for the next five years. For the first time in the agency’s nearly 60-year history, this plan includes a focus on LGBTQ+ individuals, aiming to prioritize those who “may be unaware of their rights under equal employment opportunity laws, may be reluctant or unable to exercise their legally protected rights, and/or have historically been underserved by federal employment discrimination protections.”

The EEOC’s planning is especially prescient, given how DEIB (diversity, equity, inclusion, and belonging) has fallen on employers’ priority lists. Although the Mineral 2022 State of HR Report showed that DEI was a top five priority for nearly half (48%) of employers before the COVID-19 pandemic, today that number has dropped to just 34%. Worse, only 16% of companies that prioritized DEI before the pandemic say that it remains a top five priority now.

With businesses’ focus on DEIB fading, workplace bias—particularly toward LGBTQ+ employees—has unfortunately been able to flourish. In the past year alone, the EEOC received 73,485 new discrimination charges, an increase of almost 20% compared to the previous year. And during fiscal year 2021, agency investigators recovered $7.5 million for individuals with LGBTQ+ sex discrimination charges from 1,629 reported cases.

With an estimated 65% of the LGBTQ+ community concerned about how anti-LGBTQ legislation will affect their employment opportunities, understanding the EEOC’s plan is particularly important for small- and medium-size businesses. Here are five action items for teams of all sizes to prevent LGBTQ+ bias and discrimination.

1. Create, Promote, and Enforce Preventative Policies

First, teams should define workplace harassment clearly to prevent and address complaints effectively. Involving key individuals from different company areas to develop and update the policy can help gain organizational buy-in. Assure employees who report incidents that their safety is a priority and that any retaliation will not be tolerated.

This reportedly wasn’t the case for one New York state pizzeria, which the EEOC alleges did not respond appropriately to a transgender employee’s repeated harassment complaints. According to the EEOC, the employer stood by as customers and other employees harassed the employee, which led the commission to launch a first-of-its-kind lawsuit against the employer.

In my experience, a solid workplace harassment prevention policy includes:

• A policy statement for a harassment-free workplace
• References to state and federal laws outlining employee and employer responsibilities
• A commitment to confidentiality while addressing allegations or complaints promptly and objectively
• Clear definitions and examples of various forms of harassing behaviors
• Procedures for reporting alleged harassment
• Corrective actions and potential remedies for substantiated complaints
• Protections against retaliation 

2. Invest in Harassment-Prevention Training

Having a harassment-prevention policy alone isn’t enough to effectively protect your employees from discrimination and harassment. Training employees on your harassment-prevention policy is essential. Seven states (California, Connecticut, Delaware, Illinois, Maine, New York, and Washington) and the District of Columbia mandate harassment-prevention training. Still, it is a best practice regardless of legal requirements.

To take it a step further, I also recommend that teams offer additional learning opportunities, including LGBTQ+ sensitivity, allyship, and bystander intervention. These opportunities have the potential to foster empathy, reduce bias in the workplace, and create a safe space for open dialogue. If done well, they can be effective tools for preventing discrimination.

3. Investigate Complaints Promptly and Thoroughly

It should go without saying that teams must investigate complaints promptly, thoroughly, and without retaliation. However, the EEOC estimates that 75% of overall harassment complaints go unreported, generally due to fear of retaliation during the investigation process. Additionally, although race-discrimination complaints are among the top three types reported, they also have the lowest success rate, in terms of rulings and/or relief in favor of the complainant. Employers can and should do their part to protect vulnerable employees by conducting a complete and well-documented investigation anytime there is a complaint about a violation of harassment or discrimination policies.

Here are my team at Mineral’s compliant-response recommendations:

Respond readily: When it comes to discrimination or harassment complaints, employers should act quickly—immediately talking with the complainant, the accused employee, and any witnesses. Failing to respond appropriately to harassment complaints often leads to legal risks, more complaints, or continued harassment. A company can reduce risk related to harassment by conducting thorough, fair, and well-documented investigations followed by steps to minimize harassment from reoccurring. Acting promptly can mitigate liability and contribute to a safe and inclusive culture.

Remember that no complaint is too small: Even a single insensitive comment could be considered harassment. And it would be unlawful harassment if putting up with such statements became a condition of continued employment or if the conduct was severe or pervasive enough to create a work environment that a reasonable person would consider hostile. Remember, as an employer, you have a duty to stop unlawful harassment.

4. Take a Grassroots Approach

Companies implementing new DEI initiatives often start from the top down, with buy-in and support from executive leaders. Instead, start by involving your employees in DEI initiatives. Encourage employees to have regular DEI discussions during one-on-one meetings with managers or wider teams. For example, there’s no reason to wait until Pride Month to discuss supporting LGBTQ+ employees in the workplace.

I also recommend that teams establish employee resource groups (ERGs) to provide a sense of community and empower employees to engage with one another. This grassroots approach encourages DEI learning and momentum in businesses of all sizes. According to a recent report, 81% of LGBTQ+ employees believe having an ERG creates a comfortable work environment, and 80% report it improves their well-being at work.

5. Look Beyond Liability

Go beyond meeting state and local legislation and mandates and celebrate your LGBTQ+ employees. Incorporate pronouns in regular communication to create an inclusive environment. Make DEI a normal part of your business operations, not just during Pride Month or other observances. Publicly express support for LGBTQ+ issues, demonstrating your commitment to equality.

Businesses have a significant role in creating a workplace that respects and supports LGBTQ+ employees. By implementing inclusive policies, educating staff, and promoting a culture of acceptance, you can ensure that every employee, regardless of sexual orientation or gender identity, feels valued and empowered.