There are many laws, both national and international, that protect LGBT people form discrimination The specific international legislation, established by the International Labour Organization (ILO) Convention No.111, notes that: «the term discrimination includes (...)any(...)distinction, exclusion or preference made on the basis of race, color, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;(...) for the purpose of this Convention the terms employment and occupa tion include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.» In Argentina, the «Ley de Contrato de Trabajo» (Law 20.744) establishes the principle of equal treatment and the prohibition of discrimination(Art. 17) and the general principle by which the employer must not deny the employee equal treatment of their identity in any situation (Art. 81). The «Ley de Penalización de Actos Discriminatorios» (Law 23.592), transcending the work environment, establishes in its Article 1 that: «Whoever arbitrarily impedes, obstructs, restricts, or in any way undermines the full practice on an equal basis of the rights and fundamental guarantees recognized in the National Constitution, will be forced (...) to stop the discriminatory act or cease in its execution and to make amends for or repay any moral or material damage caused». Additionally, National Law 26.618 of same-sex marriage promoted by FALGBT as from 2005 and passed in 2010 allows same-sex couples to enter into a civil marriage under the same terms as heterosexual couples. In this way, the law entitles same-sex couples to in heritance rights, social security and joint adoption and registration for adoption of children. Also, it contains a clause that forbids the unequal treatment in the marriages of same-sex couples by comparison with those of opposite sex. On the other hand, in May 2012 the National Congress passed Law 26.743 through which it recognized the right to claim identity and integral access to health for trans individuals (including transvestites, transsexual individuals, and transgendered individuals). It also incorporated in Article 1 the right «to recognize gender identity, the freedom for a person to develop according to his or her gender identity, to be treated according to his or her preferred gender identity and, in particular, to be identified by means of being fully accredited in respect of forms of identity by name, photo, and sex under which the person is registered. It also guarantees a trans individual the right to undergo complete or partial surgical procedures or receive integral hormonal treatment to adjust his or her body (...) to the self-perceived gender identity, without having to require judicial or administrative authorization», and at the same time establishes that «All the health services covered by the present article remain included in the Mandatory Medical Plan». We can conclude that these laws confer to the LGBT community the same rights provided to heterosexual individuals in the work environment. additional information • Esteban Paulón, President of FALGBT, (+54) 9341 6068171 • Marcela Romero, Secretary General of FALGBT, (+54) 911 62644182 • Claudia Castrosín Verdú, Vice-president of FALGBT, (+54) 911 65489542 • Adrián Barreiro, Secretary of Employment of FALGBT - Area of Corporate Business, (+54) 911 65289700. • Or email us at: empleabilidad@lgbt.org.ar / empresas@lgbt.org.ar • FALGBT (The Argentine Federation of Lesbians, Gays, Bisexuals, and Trans) federacion@lgbt.org.ar - www.lgbt.org.ar
Glossary We insist on the importance, the proper understanding of the words we use, and, in order to dispel common doubts, here is a glossary of common terms. It is important to note that language is a factor contributing to the incidence of prejudice, derogatory jokes, and offensive terms that promote homophobia, biphobia, and transphobia (discrimination and harassment based on a person’s sexual orientation or gender identity). Consequently, one must be respectful and cautious with terms used in the workspace. A greater awareness of the importance of terminology contributes to transform our society into a freer and more egalitarian one. We insist on the importance of acquiring suitable knowledge and understanding of the words that we use. To clarify common misunderstandings, we have provided a glossary of common terms and their definitions. Sex: The binary cultural classification (male-female / man-woman) of humans and other living beings according to genetic, biological, physical, and physiological criteria. It ought to be noted, however, that chromosomes, hormones, gonads, internal sex structures and external genitalia present a gerater diversity than was originally supposed, leading us to question the strict binary division of sex. Gender: Social constructions (papers, roles, behaviors, personality, clothing, customs, and other factors) that can correspond to a normalized sexual role assignment (male/ female) or one that is not normalized. Sexual orientation: The ability to feel a deep emotional, affective, or sexual attraction for other people. Depending on one’s sexual orientation, the attraction could be directed towards a person of a different gender, the same as one’s own, or both. These are respectively called heterosexuality, homosexuality, and bisexuality. Gender Identity: The internal and individual experience of gender that a person feels deeply, which may or may not correspond to the sex assigned to the individual at birth. This should not be confused with sexual orientation, which is an independent concept, since trans people may identify as heterosexual, homosexual, or bisexual.
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Gender Expression: The exterior display of the gender identity of a person, including expression identity or personality through language, appearance, behavior, clothing, bodily characteristics, the choice of one’s name, etc. Trans: An umbrella term that includes transvestites, transsexual individuals, and transgender individuals. It should be noted that these categories are not entirely exclusive and their meaning may vary according to country and even between native Spanish speakers. Transgender: A person whose identity and/ or gender expression does not necessarily correspond to the gender assigned to them at birth, not necessarily involving surgical reassignment or other types of bodily medical procedures. In some cases, one may not identify with either of the conventional genders (e.g., masculine or feminine). Transvestite: This is generally a person who was assigned a masculine gender identity at birth, but builds his gender identity through different expressions of femininity, including in many cases body modifications from prostheses, hormones, silicon, etc., without feminine correspondence in the genital area. Transexual: this is a person who builds his or her gender identity (feelings, attitudes, behavior, clothing, among other aspects) differently to that which was originally assigned at birth. In many cases, the person requires bodily reconstruction of his or her identity with hormonal treatments and/or surgery that may include genital reconstruction. Interesex: A person whose bodily sexual aspects (chromosomes, gonads, reproductive organs, and/or genitalia) do not follow the generic sexual standards of masculinity or femininity . Traditionally, the term “hermaphrodite” was used to refer to an intersex individual, but today this is not advisable. Homophobia, lesbophobia, transphobia, biphobia: A deliberate perception or view from an individual, group, or society that expresses an intensely negative approach to lesbian, gay, bisexual, and trans individuals.
guide
Sexual Diversity and Employment Lesbian, Gay, Bisexual and Trans in the Workplace
Federación Argentina de Lesbianas, Gays, Bisexuales y Trans www.lgbt.org.ar - federacion@lgbt.org.ar
Printed with the support of Banco de la Ciudad de Buenos Aires
www.lgbt.org.ar
Inclusion in the work environment To build workspaces free from discrimination based on sexual orientation and gender identity is possible. Therefore we developed a guide to some frequent questions that can help in that way. Why is it important to speak about sexual diversity in the working environment? The work environment is a primary area of socialization in the life of any human being and, therefore, work is vital in promoting and bringing equality and dignity for people who are lesbians, gays, bisexuals or trans (LGBT). The historical legal reforms achieved in the last few years have been imperative in advancing these objectives, and not simply in recognizing legal rights (and obligations). However, despite what one might think, legal reforms alone are not enough. LGBT individuals may suffer from discrimination in their employment, including the possibility of being terminated, failure to receive job promotions or raises, denial of certain job opportunities, and harassment or abuse simply because of being who they are. In an egalitarian and pluralistic society, every person must be given the same level of respect and the right to express his or her sexual orientation and gender identity in the workplace. In order to meet this ideal goal, cultural changes must occur as well as changes in beliefs, attitudes, and behaviors which may not openly recognize diversity. Therefore, it is essential that organizations become involved in tasks such as raising awareness and making the work environment open to sexual diversity. It is our belief that after the equal legal footing obtained with the approval of the marriage equality (2010) and gender identity (2012) laws, affirmative efforts and actions must be driven to allow the building up of a real equality in everyday life, including the workplace. Any organization which advances the construction of real equality, aside from be-
ing a pioneer in the field of development, will also be creating a discrimination-free workplace. A new generation of inclusive workspaces will not only allow businesses to become more socially responsible, but it will also contribute toward attracting new talents that may lead to an increase in business productivity. Sexual orientation and gender identity. What do they mean? Sexual orientation is the ability to feel a deep emotional, sexual, or affectionate attraction to other people. Depending on whether the attraction is directed to a person of the opposite or the same gender as the individual concerned, or both, these types of sexual orientations are respectively referred to as heterosexuality, homosexuality, or bisexuality. On the other hand, gender identity refers to the gender that a person truly feels they deeply embody, which may or may not correspond with the sex assigned to the person at birth. In regard to those who express their gender differently from the sex assigned to them at birth, we use the term «trans», an umbrella term that encompasses others such as transvestite, transsexual, transgender, and intersexual. Each person has his or her own sexual orientation. All human beings have a certain type of sexual orientation, which can be defined as homosexual, bisexual, or heterosexual. Heterosexuality has often been viewed as the representation of what is normal, predetermined, and expected, and hence has not often been considered a type of sexual ori-
entation. This sort of perception is known as heteronormativity and under heteronormativity other forms of sexual orientation are considered abnormal, strange, or even pathological. However, heteronormativity is not simply restricted to the subject of sexual orientation. It also is capable of defining the social expectations attributed to a man or a woman and how each ought to complement the other to form the «ideal» relationship, stressing gender stereotypes and viewing the concept of the traditional family as desirable without regard for the large part of society that builds different types of families and relationships. Heteronormativity seeks to normalize heterosexuality, meaning heterosexuality is perceived as an ideal standard for society to follow, and may ultimately lead to authoritarian conceptions and expectations of heterosexuality which constrain how we perceive ourselves and those around us, as well as the way we organize society and create its institutions. The importance of being ready to accept sexual diversity If you are heterosexual, take a second to think how long ago you last talked to your fellow co-workers about your sexual orientation or gender identity. It is unusual for heterosexual individuals to have to tell those around them about such matters. Furthermore, there is a widespread tendency for people to assume that those around them are heterosexual. In general, heterosexual men and women do not feel the need nor the obligation to accept their sexual orientation or gender identity and to tell others about it at a special predetermined moment. This should equally be the case for all lesbian, gay, bisexual, and trans people. Moreover, things such as a family picture one one's desk, a telephone call or even a visit to the office from a husband or wife are taken for granted by heterosexual people. Moments like these may be problematic for lesbian, gay or bisexual people. And in the case of persons who are trans, the obligation to dress in clothes that do not match one's own sense of gender identity or being required to use their given birth name may represent moments of suffering or discomfort.
eral ways. Discussing our differences, even differences regarding matters such as our sexual orientation or gender identity. Yet sexual orientation and gender identity do not merely affect the sexual or intimate part of a person's life. Self-identification as gay, lesbian, bisexual, or trans is not simply something adopted when leaving work to go home. It is something that one is, feels, thinks, lives through, and expresses at all times. How to deal with conflicts Each work environment is specifically different. What this means is that misconceptions and prejudices may vary and be expressed in different ways depending on where a person works and the preconceptions a person may have. However, despite the differences in the misconceptions and prejudices shown and expressed in the workplace, it is important to realize that they can be worked on. Conflicts are a frequent occurrence in workplaces. At times, some people have problems working in a group or in the same location as other people. They can have different views and at times fall into momentary disputes with one or more other people. Yet, very often these differences are discussed enabling the reaching of agreements and allowing the individual to return to his or her work as before.
The important thing to differentiate is that discrimination, sexual harassment, and/or harassment over gender identity are fundamentally different in nature from the types of conflicts listed above. What is sexual orientation and/or gender identity harassment? This form of harassment consists of any type of action carried out towards a person or his or her family that, for example, may take the form of insults, discriminating behavior, or exposing personal information for the purpose of humiliating a person based on his or her sexual orientation and/ or gender identity. The victims’ perception of this type of behavior determines when it can be considered offensive. The organization must become involved in what is happening and implement the necessary measures to stop whatever form of harassment occuring when a person has become a victim of such a situation. These types of behaviors are unacceptable, no matter what position a person may hold in the company. And what about discrimination? Discrimination is any action or behavior that targets a group or individual identified as different and is aimed at depriving the group or individual of opportunities enjoyed by others. Discriminating can include disparaging someone for belonging to a cer-
tain social group or for having a certain trait that is considered to be undesirable or negative, without taking into consideration other aspects of the person or group such as their abilities, merits, or skills. Discrimination can occur both upon first entering into a job, through certain demands and assessments of what is considered to be desirable, and once the employment relationship has been established, through discriminatory tasks and duties. Discrimination in work environments can be perceived directly or indirectly. Direct discrimination occurs when a person or group are victims of discrimination, due to or under the pretext of their sexual orientation or gender identity. Indirect discrimination is found when, in the presence of a neutral factor in the workplace, there exist certain situations in which a person or group receives fewer benefits when they possess, show or express a sexual orientation or gender identity that is different from heterosexuality. In the work field there must be equal opportunity for an employee to receive a salary, training, and promotion based solely on his or her abilities, skills, and the way he or she completes work assignments. Discrimination does not necessarily have to be intentional to be considered discrimination. Negligence and ignorance can also be sources of discrimination.
Some tips to promote and support sexual diversity in the work environment Every organization needs to develop a strategic policy that is inclusive and supportive of sexual diversity. It is advisable to create a plan of action that foresees how to raise awareness and provide training in this area, aimed at all levels of an organization. The plan should also provide for specific actions to confront and eradicate discrimination due to sexual orientation and gender identity and to mitigate its adverse effects should it occur. It is highly recommended to develop an action guide for cases of discrimination, sexual harassment, and/or harassment due to one’s gender identity. The Argentine Federation of Lesbians, Gays, Bisexuals, and Trans has obtained experience in this area through its work development training programs carried out in private and public organizations.
Put yourself in the other person’s shoes In everyday situations, we often find ourselves involved in social situations in which we communicate information about our sexual orientation or gender identity in sevPhotos by Martín Toyé and Sexual Diversity Area, Municipalidad de Rosario