UN Standards of Conduct for Business on Tackling Discrimination against LGBTI+ People

Abstract

This work will particularly focus on the discrimination against LGBTI+ community with respect to the right to equal employment opportunities, including employment application stage, recruitment process and work environment once a person is already employed. There are different practical and theoretical approaches and theories featuring in the academic and political discussions on the matter. Both academia and praxis provides us with evidence to conclude that the issue of discrimination at work for the LGBTI+ community continues to exist, even though there may be legal and institutional provisions in place that protect them. The aim of the study is to critically analyze the current situation in light of the recommendations that the United Nations’ Office of the High Commissioner for Human Rights (OHCHR) published in 2017 in its report titled “Standards of Conduct for Business on Tackling Discrimination against LGBTI people”. Among others, this paper seeks to identify the relevant legal aspects of the United Nations Standards of Conduct for Business, in particular identifying their innovative and original feature as well as engaging with the criticism that was directed at it. To achieve the aforementioned goals, we will provide conceptual background information with regard to sexual orientation and gender identity as well as employment discrimination based on sexual orientation and its various forms. Secondly, we will focus on the consequences associated with this form of discrimination that have been identified so far. Lastly, we will assess the specific United Nations tool, which constitutes a core theme of this work, aimed at addressing discrimination at workplace of LGBTI+ people. Although sexual orientation and gender identity should in principle have nothing to do with an employee’ performance in the workplace, researchers has documented that almost half (46%) of LGBT employees in the United States feel secluded in the workplace. A key aspect for minimizing the phenomenon of discrimination in work based on sexual orientation and gender identity is a continuing awareness-raising effort with the help of the media, aiming to form all individuals in a belief that no one has the right to judge an employee’s job performance based on his or her sexual preferences. Also, the demonstration of positive practices by the employer and the promotion of a positive environment within the staff are key to avoiding conflicts at work. In addition, an ever-increasing and close cooperation between the institutions that protect the rights of the LGBTI+ community, such as non-profit organizations that focus on protecting LGBTI+ people, and LGBTI+ people themselves could change the situation at work.

Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023