By Adam R. Nester JD, MS, CHC
June is Pride Month for the LGBTQIA (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual) community. While issues of diversity and inclusion are often the provenance of Human Resources or dedicated D & I offices, there is a role for compliance officers in creating an ethical culture – and an inclusive space for all – when it comes to important gender and sexuality concerns.
One of the hallmarks of an effective compliance program is that all people feel comfortable using institutional mechanisms to report their concerns. The accuracy of internal reporting can be an issue when one considers that there are few workplace protections for LGBTQIA workers who may fear retaliation if they come forward, or may feel targeted because of how they self-identify.
There are three cases before the United States Supreme Court this term that will potentially clarify how Title VII of the Civil Rights Act of 1964 applies to sexual orientation and transgender individuals in the workplace: Altitude Express Inc. v. Zarda, No. 17-1623, Bostock v. Clayton County, Georgia, No. 17-1618, and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC, et al., No. 18-107.
Absent a decision by the nation’s highest court, compliance officers need to develop an understanding of intersectionality to better assess how employees experience concerns. Intersectionality is best understood as the “interconnected nature of social categorizations” – including race, class, gender, religiosity, and sexuality – as they come together to form a complex identity in an individual.
Compliance officers should ensure that corporate policies and standards recognize LGBTQIA individuals and allow for intersectional experiences. Compliance professionals need to engage actively to understand how individuals express different identities – particularly LGBTQIA identities – when conducting investigations, and evaluate any potential corrective action plans as they are developed.
Professionals should strive to examine where there may be implicit biases in internal standards and practices (and in the compliance program itself) that result in the unequal treatment of LGBTQIA individuals, and they should actively take steps to preserve both the privacy and dignity of such individuals.
This effort requires empathy and a recognition that our obligation as compliance professionals does not just stop at the water’s edge of what’s “legal”. It is equally important that compliance officers understand and work closely with partners in human resources, legal, and diversity & inclusion offices to understand how to contribute to an ethical culture that values and reflects the contributions of all people so that individuals feel comfortable to come forward with their concerns.
Identifying Compliance as an additional resource and safe space for the LGBTQIA community to air potential concerns is an important step and best practice towards making sure that we all ‘do the right thing’ when it comes to the organizations we serve.
Obviously, the importance of the contributions of all aspects and orientations of the workforce towards growth and progress cannot be ignored and hence it’s very understandable why such measures as inclusiveness should b e observed now and in the coming years . As a compliance officer and a business leader I’m always ready and alert to employ any tactic or structures to achieve my goals both in the near term , medium term and in the long term. and I believe including contributions from all angles goes a long way to improve the growth and vitality of my organization or business as well as promoting a healthy cultural legacy at the workplace.. As always I look forward for more support from my stakeholders and investors now and in the future to sweeten and intensify my urge and decisions to be an effective and healthy care and compliance officer..
Jean: Thanks for your comment. The takeaway I hope we can all get from my piece is that, in our role as helping ‘set the tone’ of the organization, we can and should help the thought leaders within the organization make sure that the values we are espousing are reflected in how we practice our institutional culture.
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