Employers with open minds can be good for business

By JULIE MIDDLETON

From the "true New Zealand stories" file: a gay worker was outed when his employer published his name as the convener of a workplace gay and lesbian group without his consent.

Threatening and abusive letters and phone calls followed and he left his job, citing the abuse and his bosses' lack of support.

In an Employment Tribunal decision under the Employment Contracts Act, it was found that as the outing was accidental, the company could not be held liable.

However, the tribunal held that the firm had constructively dismissed the man because it failed to stop the abusive behaviour. The penalty: $32,000.

In a case investigated by the Human Rights Commission, a student at a vocational training institution was verbally taunted and physically attacked by other students because they believed he was gay.

After one incident he felt so "mentally tortured" he withdrew from the course and became a sickness beneficiary. He made complaints against three colleagues; two did not meet the threshold for investigation but one did - and a settlement was negotiated.

Various laws describe the rights of workers and responsibilities of bosses besides the Employment Contracts Act 1991 and the Human Rights Act 1993.

If you are a civil servant, you are bound by the State Sector Act 1988 and the State Sector Amendment Act 1989, which requires an equal employment opportunities programme in all departments.

The New Zealand Bill of Rights 1990 reinforces everyone's rights to freedom from discrimination. The Privacy Act 1993 deals with the right to privacy of personal information, and essentially says that personal information must come directly from you and must be appropriately safeguarded. A forced outing, for instance, would very likely be seen as a breach.

Employers cannot afford to overlook the law - and it's not just because the ignorant get court, says lesbian Human Rights Commissioner Joy Liddicoat.

"You've spent money on training someone, and when you lose them, your business is at risk," she says.

"If you've lost them for reasons that are avoidable - they don't feel supported because they're gay, or subjected to hostility because of their sexual orientation - that's a loss of investment. It's bad for business."

She adds that the commission exists to "help employers comply with the law. To allow people the right to be fully human in the workplace. Treating them fairly and giving them a fair hearing."

So what does an inclusive workplace - where people can be themselves - look like?

Eugene Moore, of Auckland diversity consultancy Full Spectrum, says a model workplace:

* Is free of homophobic assumptions, language, policies and practices.

* Provides benefits for partners and dependent children of gay and bisexual people on the same basis as for heterosexual staffers.

* Proactively welcomes the partners and families of gay employees to events to which partners and families are normally invited.

* Doesn't make assumptions about staffers' sexual orientation.

* Has a zero-tolerance policy towards acts of discrimination or harassment which is taken seriously by managers.

* Provides education for employees on issues related to sexual orientation discrimination, and ensures that those with managerial responsibilities have a thorough understanding of the issues.

"If an employer hasn't made a proactive move [to be inclusive], then the employee is left uncertain. There has to be commitment; there has to be buy-in from the top down," says Moore.

Andrew Metcalfe, an Otago Polytechnic occupational therapy lecturer, says he came out at work in 1996 because his workplace, a community mental health team, felt safe.

It was "known for working with people who have a variety of lifestyle choices and where employees need to have qualities of openness and tolerance". He outed himself by "just talking about what I did, the kinds of organisations and activities I was involved in, so that it was quite clear that I was gay.

"In this environment, no one batted an eyelid and I was accepted completely for who I was. I don't go around making it an issue, but if others in the staff room talk about their lives and partner, so do I.

"This makes a change from the past, where I felt I could talk only about selected parts of my life."

The comprehensive guide "Out of the Closet and into the Boardroom? Making the most of the skills and talents of your lesbian and gay staff", by Ronda Sangster and Rae Torrie (available from the Equal Employment Opportunities (EEO) Trust for $5) includes the following general principles for making the workplace more inclusive:

* Use neutral terms like "partner" when you are not sure of the gender of someone's beloved.

* Challenge people you hear poking fun at gays.

* Recognise that discrimination against gays is as destructive as all other forms, and make the links explicit.

* Treat all individuals in a fair and professional manner.

* Recognise the particular skills, qualities and experiences that gay workers might bring to the job. For example, if you're marketing a product, seek the expertise of gay staff to target that market more effectively.

* Also recognise that some people hold stereotypes, assumptions, fears and anxieties about open gay people. Do something to understand and challenge these.

Don't, it adds, buy into stereotypes or assume knowledge of gays' views. Ask them.

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