Welcome to Module 4 of the NCC Equality & Diversity Programme Sexual Orientation

1. Welcome to Module 4 of the NCC Equality & Diversity Programme Sexual Orientation PowerPoint Presentation

2. Welcome to the fourth briefing in the ‘Challenging Inequality’ programme. This briefing has been especially written for everyone working for Nottinghamshire County Council. The first three e-briefings covered age,raceequality and religion and belief. In this briefing we are going to look at : • Sexual Orientation

3. When you have completed this briefing you will: Understand how the the Employment Equality (Sexual Orientation) Regulations 2003 affect you, how we all work together and the way we provide our services. Understand how equality and diversity issues in relation to sexual orientation affect people’s lives. Be able to support people who wish to ‘come out’ at work.

4. After completing this briefing and listening to the ‘Talking Heads’ audio ‘Same Treatment?’ you will also have the opportunity to discuss this topic with your line manager and colleagues.

5. Why this briefing is important. Our sexual orientation helps to define our identity and lifestyle. It shapes our sense of who we are, and our relationships with each other, including colleagues at work. Historically, gay and lesbians have been persecuted. Attitudes have changed over the years, but even innocent remarks can lead to teasing or bullying. It is important that everyone knows where to draw the line between acceptable and unacceptable behaviour at work.

6. This briefing is made up of four parts: • What do we mean by sexual orientation? • Sexual orientation and the law • Our Culture • Sources of Support

7. Part One What do we mean by sexual orientation?

8. Before we get started, what do you think we mean by sexual orientation? Click to the next slide for our definition.

9. Everyone has a sexual orientation and this may be towards: • persons of the same sex • persons of the opposite sex • persons of both sexes • It has nothing to do with how people express their sexuality or their sex life. • So, for example, someone may be heterosexual or gay even if they choose to be celibate.

10. Two Important Terms: In looking at the subject of Sexual Orientation, there are two terms that are often used. These are: Heterosexism homophobia Click to the next slide a definition of what each word means.

11. This is the belief that everyone is heterosexual and that heterosexuality is the norm, leading to prejudice against people who are lesbian, gay or bisexual. Heterosexism This is a fear of homosexuals, or people thought to be lesbian, gay or bisexual, which can lead to irrational fear, prejudice or violence. homophobia

12. Although sexual orientation includes heterosexuality, homosexuality, bi-sexuality and transsexualism, the common terms used to describe non-heterosexuals are lesbian, gay, bi and transgender (LGBT). This labelling can be unhelpful, as lesbians can feel they have more in common with heterosexual women than gay men (and vice versa), and people who are transgender are often in heterosexual relationships.

13. Transgender people are probably the least understood group. The term ‘transgender’ or ‘trans’ is used because it focuses on gender rather than sexuality. People who are transgender have a perception of their gender which is the opposite to their biological sex, leading to a feeling of being trapped in the wrong body. This can be expressed by transvestism, where the person dresses and adopts the mannerisms of a person of the opposite birth sex. Some people go further, and undergo surgery to take on the physical shape of a person of the opposite sex.

14. Part TwoSexual Orientation and the Law

15. In 2003, the law changed to give workers the legal right to be free from discrimination and harassment in the workplace if you are lesbian, gay or bisexual. This took the form of the Employment Equality (Sexual Orientation) Regulations 2003.

16. The Regulations made it unlawful to discriminate against you at work because of your sexual orientation. Different regulations apply to people who are transgender. What do you think this means in practice? Click to the next slide find out more.

17. It is unlawful to discriminate against you because you are (or people think you are) gay, lesbian, heterosexual or bisexual. • This includes: • deciding not to employ you • dismissing you • giving you worse terms and conditions at work • not giving you training or a promotion • not giving you the same benefits as other people of a different sexual orientation have (unless the benefits are only relevant to married people)

18. Civil Partnerships The Civil Partnership Act 2004 came into force on 5 December 2005. This gave same sex couples legal recognition and similar rights to those of heterosexual married couples. In your opinion, what impact will this Act have? Click to the next slide to find out more.

19. The Civil Partnership Act 2004 may: • Challenge heterosexism and homophobia. • Affect social perceptions of gay relationships, increasing visibility and acceptance . • Allow same sex couples to have their relationship acknowledged. • Challenge same sex couples to be more open and honest about themselves. • Give same sex couples a greater sense of belonging and recognition that they are a part of society.

20. Why is it important for us to understand the law? It will help: • everyone to accept and show respect for others. • everyone to have an equal opportunity to work and develop their skills. • create a positive working environment in which we all benefit and fulfil our potential. • reduce discrimination in the workplace. For more information about the regulations, visit www.acas.org.uk

21. In previous modules you learnt about the law and: Direct discrimination Indirect discrimination Harassment Let’s have a look at discrimination first of all..

22. In relation to sexual orientation, what examples of ‘direct’ and ‘indirect’ discrimination can you think of? Direct Discrimination? Indirect Discrimination? Click to the next two slides to find out more.

23. Direct: Being rejected for promotion because you are lesbian, even though you have the skills and experience needed.

24. Indirect: Where shift patterns within a team are changed with the consequence that it would not be possible to release an employee to attend the LGBT support group or participate in an event organised by the group.

25. Is it OK to treat someone differently? In some circumstances, an employer is allowed to discriminate if it is a ‘genuine occupational requirement’ that the job holder must be of a particular sexual orientation. Click to the next slide for an example.

26. For example, it may be lawful for an organisation providing welfare services to lesbian, gay and bisexual people to insist on some workers being of a particular sexual orientation. Each post or situation will need to be considered separately.

27. Now let’s discuss Harassment. This is unwanted (and unlawful) behaviour that: Violates your dignity (is humiliating) or Creates an intimidating, hostile, humiliating or offensive environment at work. Click to the next slide for examples.

28. You may be heterosexual but people think you are gay, and tease you and call you nicknames that you find humiliating and upsetting. This is harassment even though you are not gay. Deliberately excluding someone from a conversation on the grounds of their sexual orientation. Putting up abusive/offensive posters or writing abusive/offensive graffiti. Persistently demeaning someone through acts and words. Making remarks to a colleague which may be considered demeaning or humiliating on the grounds of sexual orientation or transgender identity. There is a general culture in the workplace that tolerates anti-gay/homophobic jokes and teasing. If you have a son who is gay and you are often teased about this. This may be harassment even though your sexual orientation is not the subject of the teasing.

29. The regulations also state that it is unlawful on the grounds of sexual orientation to: Victimise someone because they have made or intend to make or give evidence in relation to a complaint of Discrimination. Discriminate or harass someone in certain circumstances after the working relationship has ended. Click to the next slide for the definition of victimisation and an example.

30. Another organisation writes to a manager for a reference for a former employee who is gay. The manager gives a poor reference, referring to difficult relationships with colleagues, even though no problems were brought to the attention of the person at the time. This could be victimisation, and the former employee could raise a grievance against the manager, even though they have left the authority.

31. So, what does that mean for us? • We all have a responsibility to : • Accept that we are all different and all equal. • Build and be part of a culture of respect at work. • Provide equal treatment for lesbians, gay, bisexual and transgender people. • Be fair, consistent and use common sense. • Create a working environment where lesbian, gay bisexuals and transgender colleagues can feel safe, accepted and do their best.

32. Day to day – this means we : • Respond to people as individuals. • Make it possible for LGBT people to be open about their private and social life. • Report homophobic or other hate incidents. • Tackle harassment and bullying. For more information refer to our policy, procedures & guidelines.

33. Part ThreeOur Culture

34. Our Culture How we all behave at work is a reflection of organisational culture. People will often say how they are ‘different’ at work compared to when they are with family and friends. We are naturally protective about our private lives. This is quite normal, but the problems come where the ‘culture’ includes some but excludes others. Sometimes this happens simply because the “majority” are not aware of the “minority” – and sexual orientation is not something you can usually see or hear.

35. Our Culture… did you know? • In terms of sexual orientation, the last staff survey revealed that of those who declared their sexual orientation: • 95.5% stated that they were heterosexual. • 1.3% stated they were bisexual. • 1.5 % stated they were gay. • 1.7% stated they were lesbian. • 8.4% of people who filled in the survey declined to answer this question. Why do YOU think people might decline to answer this question? Click to the next slide here for some answers.

36. For many people questions about their sexuality is still a taboo subject. It is a very personal question, and people may not answer it because: - They don’t know what the information will be used for. - They don’t know who has access to the information. - They may feel uncomfortable with sharing a very private aspect of their life with others. - They may fear being made fun of at work. - Some heterosexual people may be offended by the question and refuse to answer.

37. There has been an improvement over the past year in people generally being ‘out’ at work. • As a percentage, how many people stated: • Completely? • Selectively? • Not At All? • What do you think? • Click to the next slide to find out.

38. Completely 32.5% • Selectively 37.5% • Not At All 30%

39. So, how do we develop a culture that supports people to ‘come out’ at work?

40. The Diversity Champions Programmeis one of the catalysts driving cultural change.What do you know about it? “Diversity is not about legislation, nor a numbers game. It is about a change of culture and environment.” Source: People Management, 23 November 2005, p.29 Click to the next slide to find out more.

41. Stonewall's Diversity Champions programme is Britain's good practice forum in which employers can work with Stonewall, and each other, to promote lesbian, gay and bisexual equality in the workplace. Employers are audited by Stonewall in relation to equality in the workplace. A Workplace Equality Index is generated identifying the Top 100 employers.

42. How do we measure up? Out of the 254 employers audited by Stonewall, where do you think we came? • Top 10 • Top 20 • Top 30 • Top 50 • Bottom 50

43. How did we do? We are in joint 22nd position –alongside the Lehman Brothers Bank and Merrill Lynch. Our score has increased by 7 points from 73% to 80%. We are in 5th in position out of all local authorities. We have maintained our position as the highest scoring County Council! For more information visit www.stonewall.org.uk

44. And the winner is … IBM! For IBM, recognition of being the UKs leading employer for workplace equality fits with their aim of becoming a modern, successful and confident organisation.  What can we learn from their experience? Let’s have a look….

45. So, how can we change our culture to one of whole hearted acceptance, rather than toleration? 1 9 5 3 7 10 2 6 8 4

46. Click on the next ten slides to find top tips to change the way we behave at work to become a more inclusive workplace for the LGBT community. 1 9 5 3 7 10 2 6 8 4

47. 1 Do not make assumptions about sexuality. If someone talks about their partner – do not assume the partner will be the opposite sex. Use neutral language such as “Where does your partner work?” instead of “Where does your wife or boyfriend work?” Do not ‘label’ people by how they might dress or sound. Labels are often not accurate. Let people label themselves.

48. 2 Have something gay-related visible in your office.  A sticker, a poster, a flyer, a brochure, a book, a badge. This will identify you as a safe person to talk to and will hopefully allow a gay, lesbian, bisexual, or transgender person to break his/her silence. STONEWALL campaign stickers and resources can provide this visibility.

49. 3 Support, normalise and validate people’s feelings about their sexuality by: Remembering that the problem is homophobia, not homosexuality. Letting people know that you are there for them or referring them to someone who may be able to help if you cannot be directly supportive. Working on your own attitudes by reading, learning and talking to people comfortable with the issue.

50. 4 Do not advise people to come out to managers and colleagues. People need to come out at their own safe pace. It is their decision and they have to live with the consequences. For example, studies show as many as 26% of gay youths are forced to leave their home after they tell their parents. Support people to make their own decision.