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Report: First Year with Employer Critical for LGBTQ+ Employees

Report: First Year with Employer Critical for LGBTQ+ Employees

​Newly hired employees who identify as LGBTQ+ typically will come out during their first year at an organization or not at all, according to a new global report.”For most LGBTQ+ people, the first year in a new job is critical in the coming-out journey,” Boston Consulting Group (BCG) researchers noted in Why the First Year Matters for LGBTQ+ Employees.Across the countries surveyed, an average of 70 percent of LGBTQ+ respondents said they came out during the hiring process or within the first 12 months of starting their job. After the first year with the employer, only 10 percent came out and the other 20 percent never disclosed their identity as an LGBTQ+ individual.”We observed this broad trend across most of the countries we surveyed, except in India and China, where employees in general took longer to come out or chose to stay closeted: just 36 percent and 56 percent of LGBTQ+ respondents in India and China, respectively, said that they had come out by the end of their first year at work,” the researchers wrote.The findings are based on a global survey of 8,800 people who worked in corporate settings and have high levels of education. Respondents were from Australia, Austria, Belgium, Brazil, Canada, China, Denmark, France, Germany, India, Mexico, The Netherlands, Norway, South Africa, Spain, Sweden, Switzerland, the U.K. and the U.S.Almost two-thirds (61 percent) of respondents identified as LGBTQ+, and the survey was skewed toward those working for companies with relatively advanced LGBTQ+ policies and programs, according to the report. Most respondents (88 percent) were between the ages of 18 and 44. CREATE LASTING IMPACT IN THE WORKPLACEJoin us at the SHRM INCLUSION 2021 conference Oct. 25-27 in Austin, Texas, for three engaging days of learning and networking. You will get the tools, best practices and actionable solutions you need to build a more diverse, equitable and inclusive workplace. Register Now Coming out is not a singular event, the researchers noted, but “a journey defined by daily decisions and interactions. It can include coming out to colleagues or clients.”Even after making the initial leap to share their identity at work, many LGBTQ+ individuals choose to cover up that information at times,” they wrote. About one-fourth of respondents who described themselves as mostly out at work “said that they would on occasion lie, omit details, or avoid answering questions about their sexual orientation.”About half of the respondents who were not out at work said they did not plan to come out, with more than 63 percent saying their sexuality and gender identity is a private matter.Deena Fidas thinks those who cite privacy as a reason for avoiding disclosure do so because they likely experienced negative consequences elsewhere. She is managing director and chief program and partnerships officer at Out & Equal, headquartered in San Francisco. The organization works exclusively on LGBTQ+ workplace equality through its global programs and Fortune 500 partnerships.”When LGBTQ+ people say it’s nobody’s business, it’s because they faced discrimination,” she said. “The vast majority of …

British Columbia Updates Rules for Investigations, Working Children

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British Columbia Updates Rules for Investigations, Working Children

​British Columbia, Canada, has broadened and clarified its ability to investigate employment compliance matters and will tighten rules for hiring children younger than 16 years old under changes to the province’s Employment Standards Act (ESA).The changes arose from 2019 amendments to the ESA meant to ensure employment standards are evenly applied, properly enforced, and reflect workers’ and employers’ evolving needs. New Investigatory FeaturesAs of Aug. 15, 2021, new rules went into effect governing investigation, complaint and determination processes under the ESA. Among other changes, British Columbia’s employment standards director may conduct an investigation to ensure compliance with the ESA “at any time for any reason,” and expand a probe stemming from one worker’s complaint, according to the amendments.”The director of employment standards has always had the power to investigate compliance with the ESA and Employment Standards Regulation regardless of whether or not a complaint has been filed,” said George Vassos, an attorney with Littler in Toronto. “The changes now make it clear that the director can initiate or stop or postpone an investigation ‘at any time or for any reason.’ “In addition, he said, “The director will now be able to expand an investigation of one worker’s complaint to the broader workplace if needed. This certainly strengthens protections for workers.”Other employees need not sign on to the original complaint for the director to broaden the investigation, noted Ritu Mahil, an attorney with Lawson Lundell LLP in Vancouver. If the wider probe isn’t completed or doesn’t resolve the matter, the director must rule on the original complaint.The employment standards director isn’t required to hold hearings when investigating but must give investigated parties the opportunity to respond, Mahil noted. When an investigation concludes, the law now requires the director to issue a written report summarizing the findings, she said.The report must be provided to the complaining party, the person cited in the complaint and anyone whom the director believes deserves an opportunity to respond. “This step provides procedural fairness for everyone involved before a decision is made,” Vassos said.While fired employees must file any complaint within six months of their last day of work, the new rules allow a worker an extension if the director believes that special circumstances delayed the filing or that an injustice would otherwise occur without the extra time.The director must investigate any complaint considered to be filed validly. Under the new provisions, the director can now use alternative dispute resolution during an investigation, calling on a neutral mediator to help settle or arbitrate matters. Vassos called the option beneficial for employers and employees.Child Employment RulesESA amendments also put into place several new rules going into effect on Oct. 15 related to hiring children, including specifying the type of work permitted and permissions required.”New changes to employment standards will better protect young people at work by raising the general working age in British Columbia from 12 to 16 and defining the types of jobs appropriate for those under 16,” the government said in a press release, which noted …

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