5 Standards, 1 Goal: A Quick Overview of the New LGBTIQA+ Inclusive Workplaces Guideline
The Victorian Equal Opportunity and Human Rights Commission has released a new comprehensive guideline which aims to help employers foster inclusive, respectful, and discrimination-free workplaces for LGBTIQA+ employees. This new guideline replaces the previous 2014 guideline, which focused solely on transgender employees. It expands its scope to cover gender identity, sex characteristics, and sexual orientation, three protected attributes under the Equal Opportunity Act 2010 (VIC).
Developed through consultation with LGBTIQA+ communities, research, and the Commission’s experience handling discrimination complaints, the guideline outlines five minimum standards that all Victorian employers must meet to comply with their legal obligations under the Equal Opportunity Act. (Source: Victorian Equal Opportunity and Human Rights Commission)
Let’s discuss further on these minimum standards in this article.
Who does the positive duty apply to?
Under the guideline, positive duty applies to all employers in Victoria, and they must take reasonable action to prevent discrimination against LGBTIQA+ people in their workplaces at any stage of the employment cycle. This includes during recruitment, in the workplace, in common spaces, during work-related events and in online spaces. This positive duty must also extend towards interactions organisations have with their clients, or customers who are from the LGBTIQA+ community.
What are the minimum standards?
Five minimum standards have been identified, which employers must adhere to in order to comply with their positive duty. They are:
Image Source: LGBTIQA+ Inclusive Workplaces guideline
Each of these standards includes three elements:
Expectations: Expected outcomes of the employer's action to comply with their positive duty.
Suggested actions: Practical suggestions on what employers can do to comply with their positive duty. These actions can depend on the size of the organisation.
Record keeping: Suggestions for records that can be kept verifying that employers have been complying with the standards.
Minimum Standard 1: Knowledge and Understanding
This first standard requires organisations to have a clear understanding of their obligations under the Equal Opportunity Act 2010. Under this, organisations are expected to maintain current knowledge of various forms, risk factors, causes and impacts of discrimination faced by LGBTIQA+ individuals in the workplace. They must also have knowledge on how to implement strategies to actively prevent such discrimination.
Recommended actions:
Educate leadership and staff through resources such as this guideline on what discrimination against LGBTIQA+ individuals is.
Integrate information on preventing discrimination against LGBTIQA+ individuals into staff induction materials.
Reinforce awareness on a regular basis by sharing related resources with employees annually.
Source: LGBTIQA+ Inclusive Workplaces guideline
Read the full guideline for more information on additional forms of actions you can take, recommended employee training programs to raise awareness and types of records you can keep to demonstrate compliance with this standard.
Minimum Standard 2: Systems, Policies and Procedures
This second standard requires organisations to have robust systems, procedures and policies in place to actively eliminate any form of discrimination against LGBTIQA+ individuals in the workplace. It is important that these systems, policies and procedures are created through informed consultation with employees and stakeholders as well as findings through risk assessments.
Recommended actions:
Conduct annual risk assessments that focus on identifying risks of discrimination against LGBTIQA+ employees and develop processes to address them.
Develop or update equal opportunity policies that explicitly address discrimination against LGBTIQA+ individuals.
Establish supporting procedures and systems that support the organisation’s equal opportunity policy.
Ensure all staff, contractors and other stakeholders can easily access and understand these policies and procedures.
Source: LGBTIQA+ Inclusive Workplaces guideline
Read the full guideline for more information on additional forms of actions you can take, guidance on conducting risk assessments, structuring policies and types of records you can keep to demonstrate compliance with this standard.
Minimum Standard 3: Reporting and Response
This third minimum standard requires organisations to ensure that they have a proper process in place to respond to reports of discrimination. They must ensure that this process is supportive of impacted individuals and hold perpetrators accountable. These reporting and complaint procedures must be inclusive and accessible.
Recommended actions:
Develop inclusive reporting and complaint procedures in consultation with LGBTIQA+ employees.
Offer multiple reporting options, including anonymous reporting options where possible, and ensure awareness among staff on such options.
Respond in a trauma-informed, victim-centred, and confidential manner.
Record complaints and responses accurately, and seek external support when impartiality is not possible.
Source: LGBTIQA+ Inclusive Workplaces guideline
Read the full guideline for more information on additional forms of actions you can take, guidance on developing effective procedures, when to refer complaints externally and types of records you can keep to demonstrate compliance with this standard.
Minimum Standard 4: Workplace Culture
The fourth minimum standard requires organisations to create a workplace culture that is grounded in equality, safety and respect. Organisations are required to demonstrate a clear commitment to these values, and discrimination against LGBTIQA+ individuals must not be tolerated.
Recommended actions:
Integrate principles of equality, safety and respect into organisational values, codes of conduct and contracts.
Set clear expectations among staff and educate them that discrimination against LGBTIQA+ individuals would not be tolerated.
Model inclusive behaviour by ensuring leaders and managers act as allies, stay informed on best practices, and support active bystanders in addressing discrimination.
Source: LGBTIQA+ Inclusive Workplaces guideline
Read the full guideline for more information on additional forms of actions you can take, guidance on creating an inclusive workplace culture and types of records you can keep to demonstrate compliance with this standard.
Minimum Standard 5: Continuous Improvement
This fifth and final minimum standard requires organisations to conduct regular reviews of their systems, policies and procedures to evaluate their effectiveness towards eliminating discrimination against LQBTIQA+ individuals and creating an inclusive workplace culture.
Recommended actions:
Schedule regular reviews of systems and policies, informed by trends and feedback.
Consult with LGBTIQA+ employees to assess the effectiveness of current practices and identify any opportunities for improvement.
Share findings and updates with employees and stakeholders where appropriate.
Source: LGBTIQA+ Inclusive Workplaces guideline
Read the full guideline for more information on additional forms of actions you can take, guidance on creating structured reviews and gathering feedback and types of records you can keep to demonstrate compliance with this standard.
What happens if I fail to comply with these standards?
Organisations that fail to comply with these standards and fail to fulfil their positive duty obligations under the Equal Opportunity Act 2010 (VIC) might be subjected to significant legal and regulatory consequences. This includes potential financial liability towards affected individuals and investigation by the Victorian Equal Opportunity and Human Rights Commission, particularly where there is evidence of systemic non-compliance.
For more information refer to the LGBTIQA+ Inclusive Workplaces guideline.