Workplace Discrimination - How Corporates could Fight It

Ivy Wu Wing Ki

​Ivy Wu Wing Ki is a HKU law student enrolled in the BSocSc (Govt & Laws) & LLB programme.


While being an international financial centre that prides itself in its cultural diversity, Hong Kong’s LGBT+ rights are less than visible. In particular, LGBT discrimination in the workplace requires changes in the corporate world. This article examines the current situation of workplace discrimination against the LGBT community and suggests ways that employers can support their sexual and gender minority employees. 

The current situation

Workplace discrimination against sexual minorities can come in a variety of manners. 80% of LGBT employees reported having been treated with less respect. Other forms of discrimination include verbal insult or mockery, receiving fewer training opportunities, being denied promotions despite one’s qualification, wrongful dismissal, and being denied a job offer due to their sexual orientation and/or gender identity. Workplace bullying is also an issue faced by sexual minorities. Over half of LGBT employees in Hong Kong reported feeling “exhausted, depressed or stressed” for “pretending to be someone else”. [1] An unfriendly workplace may lead to reduced life satisfaction and internalised homophobia for the LGBT employee. [2]

A challenge is that as LGBT+ identity is less visible than other personal characteristics such as our skin colour, LGBT employees may not be identified and their needs unmet. LGBT employees may feel more comfortable to “stay in the closet” i.e. avoid disclosing one’s sexual orientation and/or gender identity, for fear of misunderstanding. In Hong Kong, nearly 60% of LGBT employees were not open to colleagues about their sexuality and gender identity, citing concerns such as the risk of being stereotyped, and the risk of losing personal connections and relationships with their colleagues. [1] However, the fact that an individual is in the closet does not imply that they do not have the needs to be catered to, such as discomfort to share their personal lives and difficulty to build bonds with their colleagues. Their unmet needs compared to their heterosexual or cisgender colleagues may also reduce the quality of life of the employees.

There is also no overarching legislation that protects the rights of LGBT+ workers, unlike the other personal statuses such as race, sex, disability, and family status which are protected by Race Discrimination Ordinance (Cap. 602), Sex Discrimination Ordinance (Cap. 480), Disability Discrimination Ordinance (Cap. 487), Family Status Discrimination Ordinance (Cap. 527), and respectively. The Employment Ordinance (Cap. 57) does not protect against any type of discrimination besides anti-union discrimination. The lack of legal protection increases the difficulty for victims of discrimination to seek redress. Within this vacuum of legal protection, corporates should take up their corporate social responsibility by improving the workplace culture, which in turn minimises discrimination at work. These include regulation, equal treatment, and employee education.

How employers can help

1. Corporate policies

Despite prevalent workplace discrimination discussed above, employers may avoid addressing the issue as they view sexual orientation and gender identity as irrelevant or too sensitive to discuss at the workplace. [3] The dismissal of LGBT rights may allow more space for LGBT-based discrimination to occur. A starting point to promote an LGBT-friendly workplace is by setting up a standard to regulate behaviours. The Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation was issued by the Constitutional and Mainland Affairs Bureau in 1998, setting out guidelines for corporates to regulate themselves against workplace discrimination and promote equal employment opportunity regardless of one’s sexual orientation. As of 2022, the Code of Practice has been adopted by over 200 employers in Hong Kong including Citibank and KPMG. Adopting such a code, with updates on the protection of transgender employees, can be helpful to inform employees on the best practices to promote inclusiveness. 

Moreover, companies could introduce the issue of LGBT+ into their daily operations. An example is Goldman Sachs, which has set up an Asia LGBT intranet site for LGBT employees to connect and seek support; a diversity electronic newsletter to all employees, and quarterly forums hosted by senior leaders to discuss the topic of diversity. These measures allow employees to be more open to discuss the topic, enhancing the acceptance of sexual minorities in the workplace. 

2. Benefits

To address the impacts of discrimination such as reduced promotional opportunities, corporates should strive to offer the same benefits to all employees regardless of their sexual orientation or gender identity. They should offer equal support regardless of whether the employee’s partner is same-sex or not. Moreover, they may opt to provide the support that caters to the needs of LGBT employees, such as mentorship opportunities. [4] Although such policies and potential reforms may appear costly, providing equal benefits attracts a bigger pool of talents that drives organisations to success. [5]

3. Diversity Training

Corporates could offer training to raise the awareness of other employees on the topic of LGBT. For example, stereotypes such as homosexual men are effeminate or homosexual women are masculine should be eliminated. [6]. Training could be organised by the employer or through third-party organisations that are specialised in the issue. [3]

It should be noted that the topic of transgender may be unintentionally overlooked. This may result from a lack of perceived needs and knowledge compared to the LGBT+ issues [3]. Nonetheless, the needs of transgender people should be recognised by raising awareness through training. For example, employees may learn how the names and pronouns of a transgender employee match their expectations, and should be used consistently both within and outside of his or her presence. [6]. Recognising a transgender employee’s gender by how others address them could make the workplace less hostile to the employee. Also, it has been suggested for companies to provide single occupancy unisex restroom instead of gendered restrooms so that transgender individuals are freed from the pressure to enter one that they do not wish to.  [6]

Conclusion

It is encouraging to see members of the private sector continue contributing to the society-wide issue of LGBT+ rights in the workplace. Although it is not to say that legislation against discrimination is unnecessary, corporates shall also take up their social responsibility by providing an equal and inclusive workplace for all. Through regulation, equal benefits and training, it is hoped that corporates would contribute to the progress of LGBT+ inclusion in society. 

[1] Community Business (2012). Hong Kong LGBT Climate Study 2011–12: Attitudes to and experiences of lesbian, gay, bisexual and transgender employees.

[2] Lau, H., and Stotzer, R. L. (2011). Employment discrimination based on sexual orientation: a Hong Kong study, Employee Responsibilities and Rights Journal, 23(1), 17–35.

[3] Methalf, H., Rolfe, H. (2011). Barriers to employers in developing lesbian, gay, bisexual and transgender-friendly workplaces.

[4] Community Business. (2010). Creating Inclusive Workplaces for LGBT Employees A Resource Guide for Employers in Hong Kong.

[5] Lee Badgett, M., V. (2020). The Economic Case for LGBT Equality: Why Fair and Equal Treatment Benefits Us All. Beacon Press.

[6] Riley, D. M., (2008). LGBT-Friendly Workplaces in Engineering. Leadership and Management in Engineering, 8(1). 

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