Monitoring sexual orientation - best practice and the equality duty

1. Monitoring sexual orientation - best practice and the equality duty Madeline Lasko Workplace Programmes Stonewall 20 May 2011

2. Why monitor sexual orientation? • What you measure you can manage • Identify gaps, barriers and areas of concern • Avoid risk – identify and tackle discrimination • Treating SO as equal to other strands • Demonstrates commitment to diversity • The Equality Act…

3. The Equality Act 2010 All public bodies need to have regard to (so reflect in their planning and policies) three areas or elements… • (a) eliminating discrimination, harassment, victimisation and any other things made unlawful by the Equality Act • (b) advancing equality of opportunity between different people – for example people who are gay and people who are heterosexual • (c) fostering good relations between people – again, including gay people and heterosexual people This general duty covers both employment and services provided to the public, and brings together the previous legislation in this area.

4. Equality Act What does the Equality Act say about monitoring? • By December 2011, public bodies must publish information to show how they are complying with the general duty. There is nothing to suggest that public bodies should not publish info about sexual orientation or monitor sexual orientation • By April 2012, every public body must publish equality objectives (one or more). They then do this every 4 years

5. Equality Act How can Stonewall help you meet your duties under the Equality Act? • Stonewall is developing a guide on the Equality Act • The Workplace Equality Index - useful tool to help bodies measure progress and to ensure compliance with the duty • Diversity Champions programme – demonstrate visible commitment and receive support on the above

6. What sexual orientation monitoring can tell you Are lesbian, gay and bisexual employees… • applying for jobs and being recruited at the organisation? • developing their careers within the organisation? • comfortable being themselves at work? • able to report bullying and harassment? • more likely to leave than their straight colleagues? • comfortable about telling you on a monitoring form?

7. How to monitor? What is your sexual orientation? • Bisexual • Gay man • Gay woman/lesbian • Heterosexual/straight • Other • Prefer not to say

8. Where to monitor? • Recruitment or selection • Induction • Promotion • Training • Staff attitude surveys • Grievances/dismissals • Exit

9. Sample question from WEI 17. Which of the following are scrutinised through monitoring sexual orientation? A Fairness in recruitment and selection B Distribution of LGB staff by level or grade C Pay or reward D Staff satisfaction and/or engagement E Leavers or redundancies F None of the above, or we do not monitor sexual orientation

10. Preparing to monitor sexual orientation • Demonstrate senior support for monitoring • Be clear about aims and objectives • Stress anonymity and confidentiality • Build trust and ensure organisational culture is right • Brief managers and other staff to respond to concerns • Communicate the results and action them

11. Confusion, worry, embarrassment! • It’s not about sex! It’s about identity • Not disclosure – always confidential • Don’t make it into a big deal • Same concerns raised for ethnicity monitoring • Research indicates people confused about monitoring generally – not just SO element

12. Low reporting

13. People perform better when they can be themselves www.stonewall.org.uk/at_work