From Brunei to the UK, the inclusion of lesbian, gay, bisexual, and transgender (LGBT+) people in society has rarely been out of the news in recent months.
In April, Brunei introduced new legislation making sodomy an offence punishable by death, with lesbian sex now subject to corporal punishment and/or ten years imprisonment. In May, Kenya’s high court rejected an attempt to repeal colonial-era laws criminalising gay sex, a contrasting decision to judges in India who in 2018 decriminalised homosexual sex, as well as the Angolan parliament which recently repealed its anti-gay laws and declared it unlawful to discriminate against anyone on the basis of sexual orientation.
Also in May, Taiwan became the first country in Asia to legalise same-sex marriage, while, in the US, the Democrat-controlled House of Representatives recently passed the Equality Act, a bill that would protect LGBT+ people from discrimination in housing, the workplace, and public accommodations. However, it will likely face opposition in the Republican-controlled Senate.
Here in the UK, the teaching of same-sex relationships and transgender issues to primary school children has led to ongoing protests by parents in Birmingham and a debate over religious freedom and parental rights.
Changes in UK equality legislation, starting in 1967, have increasingly protected the rights of LGBT+ individuals, both in private and in the workplace. In January, the charity Stonewall published its annual Workplace Equality Index. Now in its fifteenth year, the index highlights the 100 most inclusive UK employers. Leading the 2019 list is international firm Pinsent Masons, followed by Bryan Cave Leighton Paisner in second, and Baker McKenzie in tenth.
Amy Ulliott: Historically, how have you embedded LGBT+ inclusion in your workplace?
Kate Fergusson: Pinsent Masons was the first law firm on the Stonewall Workplace Equality Index back in 2008 and we were ranked Employer of the Year in 2019, so this has been a real journey for us. Senior leadership has played a key part in enabling us to embed LGBT+ inclusion in to our workplace. Our senior partner is also our senior ally and we have a number of senior LGBT champions who also actively support our network group. This sends a very clear message to our people about the importance of creating an inclusive workplace. Ultimately, it is everyone’s responsibility within our organisation and it has to been seen as business as usual.
Daisy Reeves: Since BCLP’s UK LGBTQ* group formed 12 years ago, our mission has been to create an environment where our people feel able to be themselves at work, regardless of sexual orientation, gender identity or expression. We were delighted to be ranked as the second most inclusive workplace for LGBTQ* employees, cross-sector and cross-UK, in this year’s Stonewall Work Equality Index. We are also ranked by Stonewall as one of the ten ‘Top Trans Employers’ in the UK. One of the keys to the success of this has been the overt way in which the partnership, including the top level of management at BCLP, have actively, and vocally, made clear that the firm is LGBTQ*-inclusive.
It is also about collaboration with other firms, clients, and charities, for the greater good, to embed inclusivity. BCLP’s LGBTQ* group has a history of collaboration, encouraging ideas and innovation (but there is still a way to go!). For example, BCLP spearheaded the LGBTQ*-focused graduate recruitment initiatives ‘DiversCity’ (now in its eighth year and participated by 14 City law firms) and ‘Authenticity’ (across all sectors in the City). This year we brought together six leading employers to form ‘WAVE’, an LGBTQ* network offering a platform for the career progression of junior to mid-level professionals across industries. We also initiated a mentoring programme in partnership with the Law Society, seeing firms included in Stonewall’s ‘Top 100 Employers’ list mentor smaller, regional firms around their approach to LGBTQ* inclusion.
Beyond engaging and empowering members of our LGBTQ* community and focusing on talent attraction strategies, we have actively engaged our entire workforce around issues which really matter. As mentioned above, BCLP’s board and leadership are genuinely engaged around LGBTQ* inclusion. We regularly communicate with all staff (locally and globally) on LGBTQ* issues and we have taken steps to ensure that sexual orientation and gender identity considerations are hardwired through our policies and processes.
Harry Small: Baker McKenzie’s global position on LGBT+ equality is ‘We are not neutral’. We are proud to support all individuals, whatever their sexual orientation, gender identity, or expression, and have implemented measures to ensure they can succeed and fulfil their ambitions.
We believe that diversity within the firm makes us stronger and that all our people in all of our 78 offices deserve respect, equal protection in the workplace, support and freedom from mistreatment. No one should be put at a disadvantage professionally, financially, or socially, on the basis of who they are. We give practical effect to these policies by, amongst other things, ensuring that same-sex couples are treated the same way as opposite-sex couples for the purposes of pay and benefits.
The firm encourages our people to be conscious of all our differences, including those that cannot be seen, and requires them to act in a way that is respectful of such differences. All our people are expected to contribute to creating and maintaining an open and supportive working environment. Our LGBT+ diversity commitments are recognised as significant elements of our diversity commitments. All diversity commitments have equal priority and it is our policy to act accordingly.
Support of LGBT+ equality reflects our values, supports the firm strategy, demonstrates alignment with our clients, is critical to our ability to recruit and retain top talent, and is consistent with our commitments to equality and non-discrimination as outlined in our global diversity and inclusion policies and Code of Conduct; our participation in LGBT+ workplace equality indices; and our participation in the UN Global Compact.
AU: For those firms that haven’t given it much thought, what are the obvious benefits of being an openly LGBT+-friendly business?
KF: When everyone can be themselves at work, we benefit from a more productive and motivated workforce and it’s easier to attract and retain staff. A diverse team also means that we benefit from diversity of thought which often generates more creativity and innovation.
DR: Being LGBTQ* is, for the most part, invisible and choosing to be ‘out’ at work is, of course, a personal decision but studies show that, if someone feels they must self-edit and pretend to be someone they are not, it can significantly impact that person’s general enjoyment of workplace life and even have an impact on their mental health. It is also widely known that if you are not able to be ‘out’ at work (should you choose to be) you are 30% less productive and 76% more likely to leave your place of work within three years. So, from a personal and business point of view, being an inclusive employer is a win-win situation.
HS: Building a diverse workforce is the smart business thing to do. It is good business to reflect in our workforce the diversity and inclusivity of our clients, because our clients expect it. If we do not reflect the diversity of our clients when we approach them, they will not do business with us. Many clients committed to diversity and inclusion will not accept a workforce working on their matters composed predominantly of straight white men!
This attitude and policy helps recruitment, too. High-quality recruits, often the very best in the market, are attracted to join us with our public stance on supporting LGBT+ and other people’s rights to fair treatment, always in the workplace and outside it wherever we can.
And lastly, we are not neutral in respect of LGBT+ issues because to be not neutral is the right thing to be!
AU: What has the firm done this past year to better foster an inclusive environment for LGBT+ staff and clients?
KF: A few highlights include: (i) rolling out trans inclusion training aimed at different teams within our business. This is helping to raise awareness and understanding of issues around gender identity/expression and create a forum where people can ask questions and learn how to create an inclusive workplace; (ii) we have run an LGBT+ Network Conference event, so that LGBT+ staff members and allies across our business can come together to share ideas, be inspired by some great guest speakers and help develop our network business plan for the next 12 months; and (iii) we have encouraged collaboration between network groups. For example, our Family Support Network and LGBT+ Network have run events to help parents/carers learn how to talk to their children about sexual orientation, gender identity, and modern families.
DR: Actively promoting LGBTQ* inclusion throughout BCLP, not just in the UK but globally, has been critical in maintaining momentum and creating opportunities for our people to learn more about the LGBTQ* community. Over the last year, in addition to the activities listed above and celebrating key dates in the LGBTQ* calendar, we have planned a broad range of events for LGBTQ* colleagues and their allies, ranging from educational sessions on important topics such as religion and trans issues through to our celebratory Pride Party each July and a Christmas Allies event, this year featuring the London Gay Men’s Chorus. We regularly share best practice with clients on LGBTQ* issues and we have learnt a lot along the way ourselves through doing so!
HS: We have had lots to be proud of when it comes to LGBT+ equality in the past year: For the third consecutive year we were named one of Stonewall’s Top Global Employers on their Workplace Equality Index; we have an active Global LGBT+ Business Resource Group, which actively monitors each office’s compliance with our safe spaces and LGBT+ inclusion policy; we joined Out Leadership – a global LGBT+ business network that helps out leaders and organisations realize the economic growth and talent dividend derived from inclusive business.
In every global business sector, Out Leadership has been instrumental in making LGBT+ equality a priority in global c-suites; we reinforced our gender transition and identity guidelines to support transitioning employees and we have actively supported the revision of the UK’s gender recognition laws to make things easier and fairer for our trans fellow citizens; and we relaunched our Safe Spaces campaign across the firm, which helps create an environment that is safe, supportive and inclusive for everyone, including LGBT+ people.
AU: Hypothetically, how can a firm retain its inclusiveness when doing business in a jurisdiction that does not respect gay rights?
KF: It’s important for us that we hold on to our values and strive to ensure that, at least within our offices, our people feel able to be themselves. Employee safety will always be our priority and we are respectful of local law and culture in the jurisdictions in which we operate. Sometimes, however, I think the fear of getting it wrong, makes employers reluctant to do anything at all. We need to be a little bolder, to (respectfully) ask questions, have the conversations with local D&I champions, find out what can be achieved around inclusion, and where appropriate, help to promote progress. It has helped us to work with partner organisations like Stonewall who produce really informative country guides for employers, and also to collaborate and share best practice with other global employers.
DR: Since our combination in 2018, BCLP has signed the UN’s Global LGBTI Standards of Conduct for Business and formed a Global LGBTQ* Allies network, which, since forming has attracted over 500 members across all four corners of the globe – including certain locations where the culture towards LGBTQ* rights is more hostile. Supporting LGBTQ* colleagues – and engaging with our leaders – in such locations is critical and something we take incredibly seriously to the maximum extent possible. We have engaged proactively with human rights organisations and with our contemporaries to understand how we can ensure we are approaching this area responsibly and taking into account insights from local actors and regulations.
HS: A firm can – and we do – maintain safe spaces for LGBT+ staff even in places where gay intimacy is unlawful or where public ‘propagandising’ for LGBT+ rights may be unlawful. A safe space breaks no laws.
AU: Is LGBT+ inclusion overlooked by law firms when it comes to diversity considerations? If so, why is that?
KF: Whilst the legal sector might not always have had the best reputation for diversity and inclusion, I am pleased to say that is slowly changing. As I mentioned earlier, back in 2008, we were the only law firm on the Stonewall Workplace Equality Index. We are now one of many and the legal sector is one of the best performing. There is still work to do but there is far more collaboration across law firms and a real commitment to driving positive change.
DR: From BCLP’s perspective, no. LGBTQ* inclusion is core to the firm’s approach to diversity and has been for many years!
HS: Sometimes we think it is. There are two reasons. First in some places the legal prohibitions on gay intimacy may discourage active support of LGBT+ safe spaces in the workplace: firms go no further in their thinking than ‘it’s illegal’ – even though it isn’t. Second, firms may feel that advocating for LGBT+ rights is in some way a ‘political’ act; it isn’t, there is a world of difference between advocating for people’s human rights and making a political point.
AU: What advice would you give to firms looking to launch their own LGBT+ initiatives?
KF: I think there is a willingness to share ideas and promote progress in this area and so I would suggest speaking to other firms in the sector and asking them for support and ideas. I would also suggest talking to organisations like Stonewall that have so much expertise in helping organisations to develop LGBT+ inclusion strategies. In relation to D&I generally, I think there is often a huge benefit from an external perspective. We have definitely learned a lot from working with the team at our in-house D&I consultancy, Brook Graham.
DR: First, engage with the LGBTQ* community within your organisation. Understand their concerns and ‘what good would look like’. Second, engage with external organisations such as Stonewall, who provide an excellent framework for best practice relating to LGBTQ* workplace inclusion. Finally, remember a primary objective should be that you create an environment where people choose to be open and able to bring their true selves to work. Respect that individuals will be at different stages in that journey and that change can take time.
HS: Do it! For us, we have had nothing but positive feedback on our LGBT+ initiatives from both our people and our clients.
AU: Finally, what would you say to convince LGBT+ lawyers that your firm would be a good home for them?
KF: We are not complacent and realise there is still more to do but we have worked hard over the last 12 years to create an inclusive workplace where everyone can be themselves. However, you don’t have to take my word for it! If you are interested in applying to Pinsent Masons and would like to speak to a member of our LGBT+ network about what it is really like to work for us, please do not hesitate to contact me.
DR: We have worked incredibly hard for over a decade to provide a workplace environment which is genuinely inclusive and where LGBTQ* individuals across all levels can bring their whole selves to work. This is not just about having an active and welcoming LGBTQ* group (although this is something we are incredibly proud of) and engaging with leading LGBTQ* organisations, but it is about providing an inclusive and respectful environment day in day out.
HS: Four simple words: We are not neutral.
See Stonewall’s Top 100 Employers list, in full, here https://www.stonewall.org.uk/our-work/campaigns/top-100-employers-2019.