Can sexuality have an impact on your career?

It's the year 2024 and whilst many of us are seeing progressive social movements on a global scale we are still encountering many struggles especially when it comes to the LGBTQIA+ community. With movements to ban the word “gay”, bans on drag performers, and in many countries violence toward and outright denial of the existence of our queer community I often think about how our sexuality can impact our careers. This topic sits close to my heart and I also wonder how more traditional sectors like banking, finance, or industry support freedom of expression and help openly queer colleagues to not only feel safe and welcome in their environments but have equal access to work opportunities.

In order to understand the different perspectives and challenges faced by the LGBTQIA+ community and how we can advise current hiring managers we have to take a step back and to review how human and work rights have changed/progressed and some of the key milestones that have already taken place to bring us to the current day and age.

The Lavender Scare

Let’s look “across the pond” at the US where in 1953 President Eisenhower took drastic action with little to none evidence as part of the famously dubbed “Lavender Scare” . As the Cold War unfolded the US Senate targeted gay and lesbian individuals due to worries that individuals who were part of the LGBTQ community community could be used by the Soviet Union through blackmail and pressure of being outed. In April 1953, Eisenhower signed the Executive Order 10450 which prevented any gay or lesbian Americans from being employed by the federal government.

Tens of thousands of government employees would lose their jobs over the course of decades for no other reason than their sexual orientation.

Only in 1977 did the federal government change its stance of hiring LGBTQIA+ individuals.

This order caused a wider disturbance.

Many local leaders saw the regular gathering of gays and lesbians as a threat to American values. Authorities regularly carried out raids on places they believed to be gay and lesbian-friendly. Many were detained after being assaulted. Even so, the names of persons who were improperly detained during a raid can be published in the local newspaper in an effort to publicly shame them. Because of this, people frequently lost their jobs, their houses, or worse, just by gathering in a public place.

Two women were stopped by police in the late 1960s when they were walking past the well-known gay bar on Troost Avenue in Kansas City, the Colony Club. One was employed by a local judge, while the other was a schoolteacher. Despite the fact that neither lady faced criminal charges, they were both sacked from their jobs within a day for being spotted close to a gay-friendly establishment.

Bostock v. Clayton County

An article by Rob Porter covers another important example of LGBTQIA+ rights and how they have developed. The US has come a long way since the “Lavender Scare” and in a more recent case of Bostock v. Clayton County we hear about Gerald Bostock who identified as a gay man and was fired unjustly for his choice to pursue a gay recreational softball league. In 2020, the Supreme Court took action to declare that employers cannot fire their employees due to their sexual orientation. The court ruled that employment discrimination based on sexual orientation or gender identity is illegal for anybody in every state in the union who works for or seeks employment with an employer that employs at least 15 people. We also saw a rise in numerous initiatives, movements and more importantly the EEOC.

‘The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, childbirth, or related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.’

EU Developments

But what about when it comes to the European Union and my current home country - The Netherlands?

Sexual orientation and gender identity were the second and third most frequently mentioned grounds of discrimination in the EU, according to the 2015 survey, which also revealed a significant increase in the percentage of respondents who thought discrimination against lesbian, gay, bisexual, and transgender people was widespread (up 12 percentage points to 58% and 11 percentage points to 56%, respectively). It was observed that the belief that prejudice is more pervasive may be due as much to increased awareness of the issue as to a real increase in discriminatory incidents.

According to the most recent survey, which was conducted in 2019 and covered perceptions of discrimination based on sexual orientation, gender identity, and sex characteristics, 53% of Europeans believe that discrimination against gay, lesbian, and bisexual people is pervasive in their nation, while 48% believe the same about discrimination against transgender people. A smaller percentage of respondents (39%) think that prejudice against intersex individuals is pervasive. Nonetheless, a sizable portion of respondents do not know if discrimination against transgender and intersex persons is widespread in many nations. Survey results consistently show that people's opinions of prejudice differ significantly among nations, demographic groups, and situations. Respondents who personally know LGBQTIA+ individuals, for instance, are more likely to state that prejudice is very present in their respective areas.

UK Developments

The incredible organisation of Work Well summarises some key developments in the UK :

• "1967 – The Sexual Offences Act 1967 decriminalises sex between two men over 21 and ‘in private’ in England and Wales.
• 1992 – World Health Organisation declassifies same-sex attraction as a mental illness.
• 1996 – The landmark case – P vs S and Cornwall County Council – finds that an employee who was about to undergo gender reassignment was wrongfully dismissed. The case is the first piece of case law, anywhere in the world, which prevented discrimination in employment because someone is trans.
• 1999 – The European Court of Human Rights rules that the discharge of two Royal Navy personnel on the basis of their sexual orientation is a breach of their right to a private life under Article 8 of the European Convention on Human Rights.
• 2000 – The UK Government lifts the ban on lesbians, gay men and bi people serving in the armed forces.
• 2001 – Stonewall launches their Diversity Champions programme to help employers who want to treat their LGBTQ+ employees fairly. (Work Well, as part of South London and Maudsley NHS Foundation Trust is a member!)
• 2003 – Employment Equality (Sexual Orientation) Regulations becomes law in the UK, making it illegal to discriminate against lesbians, gay and bi people in the workplace.
• 2004 – The Gender Recognition Act 2004 is passed giving trans people full legal recognition in their appropriate gender.
• 2010 – The Equality Act 2010 officially adds gender reassignment as a protected characteristic."

The Netherlands

The focus of the Dutch government's LGBTI policy today is so-called "mainstreaming," which comes after the decriminalisation of homosexuality in the country in 1971, the inclusion of sexual orientation in anti-discrimination laws in 1994, the creation of civil partnerships for same-sex couples in 1998, and the introduction of equal marriage and adoption rights in 2001. That is, actively advocating for more societal acceptance of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people as well as taking into account sexual orientation and gender identity (SOGI) concerns in all areas of policy, at all levels.

The rights of the LGBTQIA+ community are constantly changing and being reviewed. These laws are often limited as to where they can protect us, so how can we advise hiring managers and interviewers to stay bias-free? And how can we take action in our current workplace and with future employers?

I constantly come across the argument that sexuality should not be a relevant discussion and it should not affect how people are treated in during the hiring process or in workplace but I could not disagree more, the reality is that even if we actively try to avoid treating a person differently we hold preconceived biases which are unconscious. Our sexuality is a major part of our identity which shapes not only our internal emotions but also often how we outwardly present ourselves, allowing people to make judgments, especially if they have a different view or outdated ideas of society.

Globally nearly 3 billion people live in countries with no laws for sexual orientation discrimination.

Specifically, studies conducted in countries where it is illegal to discriminate against an individual solely on the basis of their sexual orientation suggest that hiring managers may discriminate against gay or lesbian applicants early in the process, favoring heterosexual candidates with comparable credentials and experience.

There is also evidence to indicate discrimination against gay male employees and that non-heterosexual people's experiences in the workforce and incomes are negatively impacted by discrimination based on sexual orientation.

I came across fascinating research by Psychology of Women which tested "whether vocal cues to a person’s sexual orientation prompted sexual orientation discrimination in heterosexual individuals when hiring leaders". Heterosexual candidates were provided with clips of job applicant voices which were based on what was stereotypically considered as a homosexual or heterosexual man/woman. Three types of studies were used depending on the type of position people would be "applying" for including leadership and assitant roles. Shockingly discrimination was found across all three - "lesbian-sounding women and gay-sounding men were rated and ranked poorly to the extent that they were perceived as less competent than heterosexual candidates."

There is a substantial amount of evidence for differential treatment of sexuality and how this can affect both the hiring process and also more long-term your career from older events like the "Lavender Scare" to more recent EU investigations. Change will not come through silence - more people need to be involved in not only educating but actively tackling discrimination across their workplace and the wider community. We also must take action to continue supporting pay equity efforts and finding local initiatives that aim to diversify workforces and provide equal opportunities to everyone.

If you have an opinion or a story to share I would love to hear from you.