LGBTQ+
Issues related to gender identity and sexual orientation, which can be grouped under the acronym LGBTQ+ and its variants, are not just a matter of privacy or intimacy. A D&I policy in an agency cannot ignore addressing these issues in all their complexity.
Beyond the risks of discrimination and harassment that are still very present in companies, even as LGBTQ+ rights have advanced significantly in recent years, the well-being and performance of all members of the organization depend on their ability to be aligned with their identity at work. To engage in an active policy on LGBTQ+ issues, it is important to be aware of issues related to homosexuality, trans identity, same-sex parenting, or the importance of confidentiality for those who wish it.
1 in 4 LGBTQ+ individuals has been the victim of at least one LGBTQ-phobic attack in their organization.
41% of employees hear LGBTQ-phobic expressions in their organization, such as “fag,” “queer,” “it’s not a gay job,” or “dyke.”
72% des salariées et salariés transgenres déclarent avoir été victimes de discrimination en entreprise.
1 in 2 LGBTQ+ individuals is “visible” and has come out in their professional environment.
80% of “out” LGBTQ+ individuals report having formed friendships at work, compared to 45 % of people who are not “out”.
Sources : Baromètre LGBT+ 2021 L’Autre Cercle x Ifop | Étude Boston Consulting Group (BCG) 2021 | Étude BCG x Têtu 2021
GO DIRECTLY TO
lexicon
Gender
Masculine, feminine, non-binary, or other identities, which can vary across cultures and societies. Gender is often reduced to biological sex, but it encompasses three dimensions: gender identity, gender expression, and biological sex.
Gender identity
Individual and intimate experience of gender felt by each person. It may or may not correspond with the gender assigned at birth or with the binary gender system prevailing in most countries.
Sexual orientation
Affective, emotional, physical, and/or sexual attraction to another person.
LGBTQ+
Acronym for Lesbians, Gays, Bisexuals, Transgender, Queer, Intersex, and more. Depending on the people or the context, LGBT, LGBT+, LGBTQIA+, LGBTI are also used.
Transgender
A person whose gender assigned at birth does not match their gender identity.
Cisgender
A person whose gender assigned at birth matches their gender identity.
Queer
Originally an insult in Anglo-Saxon countries, the term Queer has been reclaimed by people rejecting binary norms of gender and sexuality.
Intersexe
Refers to people born with primary and/or secondary sex characteristics that are considered not to fit typical social and medical definitions of female and male.
Transition
The process by which a person affirms the gender with which they identify and which does not correspond to the gender assigned at birth. Transition is a unique journey for each individual: new name, new wardrobe, voice work, surgery, hormone treatment… Treatments and surgeries are not a condition for transition.
Trans man
A person assigned female at birth. He is addressed using masculine pronouns.
Trans woman
A person assigned male at birth. She is addressed using feminine pronouns.
Coming out
Voluntary revelation of one’s sexual orientation or gender identity.
Outing
Revealing someone’s sexual orientation or gender identity without their consent.
LGBTphobia
LGBTphobias refer to fear, mistrust, contempt, disgust, rejection, or hatred towards people due to their sexual orientation and/or gender identity. There are several types of LGBTphobias: “homophobia” (which includes “gayphobia” and “lesbophobia”), “biphobia” and “transphobia”.
Non-binary
A person who does not exclusively identify with a feminine or masculine gender. They are addressed using masculine, feminine, or neutral pronouns according to the ones they have chosen.
FRENCH LAWS
Lois anti-discrimination
L’identité de genre et l’orientation sexuelle font partie des 25 critères de discrimination interdits par la loi. À ce titre, ces discriminations constituent des délits passibles de sanctions pénales (article 225-1§1 du Code Pénal, article L1132-1 du Code de Travail et loi n° 2008-496 du 27 mai 2008).
Injure, harcèlement et diffamation
L’injure ou la diffamation publique, à caractère homophobe ou transphobe, est passible d’un an d’emprisonnement et de 45 000€ d’amende. Non publique, elle est passible de 1 500€ d’amende. Dans le cas du harcèlement, l’homophobie ou la transphobie constituent une circonstance aggravante (articles R625-8-1, R625-8, 225-1, 132-77 du Code Pénal).
Le saviez-vous ?
Dans les cas de harcèlement, l’absence de faute de l’employeur ne l’exonère pas de sa responsabilité (Cass. Soc. 21 juin 2006, n° 05-43914). Celui-ci a en effet une obligation de prévention et de sécurité vis-à-vis de ses employés (art. L.1152-4, L. 4121-1 du code du travail et art. 3 du décret n° 82-453 du 28 mai 1982). La lutte contre le harcèlement homophobe ou transphobe ainsi que sa prévention entre collaborateurtrices et collaborateurs est donc à prendre en considération par les agences.
Homoparentalité
Depuis l’adoption du mariage pour tous en 2013, les couples de même sexe et leur filiation sont officiellement reconnus. Cela leur ouvre exactement les mêmes droits que ceux des couples de sexe différent, notamment en matière de congé et d’assurance.
BEST PRACTICES
Affirm the agency’s values regarding LGBTQ+ individuals
The agency, through its management and HR department, must publicly commit to fighting all forms of discrimination, including those based on sexual orientation and gender identity.
Create an inclusive environment for LGBTQ+ individuals
The employer must create an open and welcoming company culture where discriminatory behaviors, comments, and remarks are prohibited. This includes leading by example by managers.
Ensure confidentiality for LGBTQ+ employees who wish to remain private
The employer should never assume that what they know is known by the rest of the company. Complete confidentiality of information provided by LGBTQ+ employees during the hiring process (such as marital status, information about their spouse, etc.) must be guaranteed, whether the HR management is internal or external. This includes training of relevant personnel (HR, CSE) on these issues.
Train and sensitize HR teams
It is relevant to train HR teams on issues of sexual orientation and gender identity. They may be the first point of contact for an employee who is beginning a gender transition or coming out.
FURTHER STEPS
Appoint a diversity representative
It is recommended to appoint a diversity representative who is knowledgeable about LGBT+ issues. This person can be the primary contact for all these issues, both internally and externally.
Raise awareness among all employees
It is relevant, especially in communication-related professions that may deal with these topics with clients, to train all employees on issues of gender identity, sexual orientation, and discrimination.
agency best PRACTICES
Havas Groupe – Mentioning pronouns in email signature
Since 2021, Havas France has offered its employees the possibility to choose the pronouns that will be directly added to their email signature (she/her, she/they, they, he/him, he/they). This initiative allows everyone, especially transgender and/or non-binary individuals, to indicate to their correspondents which pronouns they prefer to be referred to with. This approach is voluntary and not mandatory.
Shortlinks – Pride Month Challenge
The “Pride Month Challenge” aims to better include LGBTQIA+ individuals in the workplace. In 2021, the agency organized an internal online event accessible to all employees in celebration of Pride Month. The challenge lasts approximately 2 hours and is composed of three steps:
- A presentation by a guest speaker from Amnesty International
- A fun and informative quiz
- A presentation of action plans.
TOOLS AND RESOURCES
- L’Autre Cercle is the reference association for the inclusion of LGBTQ+ individuals in the workplace. They offer advice and training, and provide the opportunity to sign an engagement charter.
- Têtu Connect brings together stakeholders from the world of work to help companies create a more inclusive culture for LGBTQ+ talent.