Employment law directors at Cliffe Dekker Hofmeyer, Nadeem Mahomed and Asma Cachalia, emphasised that employers should engage with legal specialists to implement effective LGBTQIA+ policies in order to protect the human rights of the queer community, especially of queer women. Picture: REUTERS/Andrew Kelly
South Africa might be the helm of the protection of LGBTQIA+ human rights on the continent, but queer women have become vulnerable to discrimination in the workplace.
While labour laws prohibit discrimination in the work environment, queer women continued to be subject to discrimination based on their gender and sexual orientation.
According to the Kantar Diva 2024 survey, only 63% of queer respondents said their manager supported them being open about their sexual orientation and gender identity. A good 67% agreed that their companies have strict policies against homophobic slurs.
Another 39% of respondents felt comfortable to speak about their gender identity at work.
Despite optimistic responses, transgender women were plagued by high levels of discrimination in the workplace.
The survey reported that 19% of transgender women experienced inappropriate commentary and conduct at work, meanwhile 6% said they were sexually harassed, and faced both threats of physical and sexual violence.
Additionally, an alarming 21% had encountered verbal harassment, including transphobic slurs.
The survey further highlighted that queer women are more prone to verbal harassment and outing their sexual orientation without their consent in South African workplaces, which may commonly be unintentional.
This suggests there is little progress of queer inclusive workspaces that may not align with heteronormative standards.
Employment law directors at Cliffe Dekker Hofmeyer, Nadeem Mahomed and Asma Cachalia, pointed out that queer women of colour bear the brunt of homophobia in workspaces.
“While the legal position is clear in terms of what constitutes unfair discrimination, there is sometimes a lack of awareness on how multiple forms of marginalisation intersect to create particularly unfortunate circumstances for many people, including and sometimes especially for women.
“Women of colour and impoverished women of colour tend to suffer more. Transgender women often have a far more difficult time in being understood and accepted, even when it comes to everyday practices such as preferred pronouns and name changes. Transgender people, on average, faced higher levels of discrimination in the workplace across all areas compared to other LGBTQIA+ people,” said Mahomed.
Cachalia stated companies should instil a sense of urgency in the workplace to counter homophobia, especially for the protection of queer women.
“Employers need to be more cognisant of these intersections and live with the impact that their policies and the prejudices of people in the workplace can have on the wellbeing and inclusion of LGBTQ+ people,” said Cachalia.
She added: “It is important for legal professionals to work with organisations to ensure that their policies and practices not only comply with our evolving anti-discrimination laws, but also actively promote an inclusive and supportive environment for LGBTQIA+ people, including women.”
A change in policies would also widen the sexual orientation bias, where queer people, in particular women, head senior positions in the workplace.
Both women noted employers should engage with legal specialists to implement effective LGBTQIA+ policies.
“Employment lawyers can be effective by advising employers of their obligations in creating and maintaining a safe working environment that is free from harassment and discrimination. Businesses must ensure that they have LGBTQIA+ representation when making decisions in this regard and this must include LGBTQIA+ women,” they said.
The Star
hope.mafu@inl.co.za
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