Fridae

"Early on, this was not an issue, because gays and lesbians were invisible in the workplace. Any business focused on the bottom line needs to just get over this if they are going to succeed." - George Weir

While legislative systems across the world provide basic legal protection against most employment discrimination in the areas of gender, race, national origin, disability or religion, there is a lack of basic legal protection against sexual orientation discrimination. As a result, millions of hard-working, tax-paying gays and lesbians are vulnerable to unfair treatment at the hands of their homophobic employers and colleagues.

Recognizing the need for protection against sexual orientation-based discrimination and abuse, there is a growing list of Western countries and even countries from all over the world (such as South Africa, Costa Rice, Ecuador, Fiji, Brazil and Israel just to name a few) that have adopted explicit anti-discrimination legislation for gays and lesbians at the workplace.

Yet despite its increasing prominence in the other parts of the world, it would appear that in most Asian countries, there are few (if any) documented cases of gays and lesbians who have been discriminated at their workplace or who have lost their jobs when knowledge of their sexual orientation become commonplace.

Perhaps it's because most Asian societies remain steeped in conservative cultures that blatantly (and blindly) reject homosexuality as a way of life. Any gay person who wishes to make a discrimination claim must therefore face the daunting prospect of "going public" about his or her sexuality, receiving intense scrutiny and even opening himself or herself to the possibility of further discrimination. Many gays and lesbians thus still find it impossible to come forward and share their experiences openly. Consequently, their stories may never be told.

However, things are gradually looking up.

Following a consultation with its lesbian and gay communities, the Tokyo government reportedly decided to include protection for "homosexuals" within its human rights legislation - thus becoming the first Asian municipality to set a progressive example for the rest of her Asian neighbors.

Likewise, activists in Hong Kong's Tongzhi (literally meaning "comrade" in Chinese) communities have also been aggressively advocating for anti-discrimination provisions at the workplace to be included in the country's legislative system.

While the current outlook in parts of Asia suggests that issues involving sexual orientation discrimination are finally receiving their due attention, anti-discrimination laws extending equal employment opportunities and legal protection to gays and lesbians have yet to make it into the staff manuals of most companies in Asia.

The importance of having a legislative act or bill that protects gays and lesbians against discrimination at the workplace can never be over-stated. Such a legislation would guarantee that gays and lesbians will finally enjoy what most heterosexuals take for granted: to get and keep a job based on the merits of one's abilities and contributions.

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Protecting Yourself

While we await the passing of anti-discriminatory workplace laws, there are, however, interim measures one can adopt to effectively deal with sexual orientation related workplace problems.

Case-in-point: You have always been highly regarded as a top performer by your company and colleagues. Yet days (or weeks) after you've decided to display a vacation picture of yourself locked in a hot embrace with your lover or you are spotted entering a lesbian bar after working hours, you begin to notice your supervisor, boss or colleagues avoiding you as if you have the bubonic plague. They begin to pass snide remarks about your sexuality or make life outright difficult for you regardless of your work performance. You are shunned, ostracised or mocked by some of your colleagues. Ultimately, you get passed over for a promotion you not only deserved, but sweated blood for, or you actually find yourself given the boot over some minor issue. Chances are, ceterus paribus, you're being discriminated based on your sexual orientation.

If you find yourself in similar circumstances, the most important thing to do is to keep a level head and build up your case by documenting the entire process. Keep all forms of physical evidence either through witnesses, emails, phone bills, notes etc. The ability to document all proof and accurately recall specific instances supported by evidence would be extremely useful should the allegations degenerate into a game of "I say versus you say" during an official inquiry.

Likewise, to counter false allegations of sexual orientation discrimination, employers should constantly remind themselves to treat every staff or potential staff the same. There should a well-publicized grievance process for all employees, heterosexual or homosexual, to air their claims of harassment or discrimination.

And every complaint should be dealt with seriously by an authority figure who is aware of personal biases and capable of being objective. It also pays to consult your company's legal advisor or have a witness present during such sessions. Just as important, employers should document the entire process and keep copies in the company file as well as the employee's personal file.

Perhaps the best protection against discriminatory practices at the workplace would be to educate potential perpetrators (and even entire societies) on how to be more open to and accepting of the diversity of life choices within the workplace. Ultimately, the lesson to be learnt is simple: Every individual at the workplace should judged solely on his or her performance and abilities, and never on their sexual orientation.