An employee nondiscrimination policy is a written document in which an employer, whether private or public, can officially tell staff about acts of discrimination or harassment that are unacceptable—whether contrary to applicable law or to the employer’s principles or business judgment. These policies also usually include procedures for filing grievances and specifics about the consequences to employees of violating the policy.

Why are these policies important? Employers often have nondiscrimination policies that cover characteristics such as race, sex, age and religion. Adding sexual orientation, gender identity or expression and HIV status to this policy is a vital step toward creating a safe, respectful workplace. If you work in a jurisdiction where there are no laws that explicitly protect you against sexual orientation or gender identity discrimination, an employer’s policy may be an important thing you can point to in the event of anti-LGBT discrimination.

What constitutes a strong nondiscrimination policy? There is not just one standard approach or uniform language for employee nondiscrimination policies. Different policies can be interpreted to cover (or exclude) various forms of discrimination. When examining an employer’s nondiscrimination policy or advocating for the implementation of a new policy, keep in mind that a strong nondiscrimination policy should include the following:

• Clear language that discrimination and harassment based on sexual orientation, gender identity or expression and HIV status will not be tolerated
• Specifics about prohibited behavior to illustrate common problems and misunderstandings
• A description of the penalties for violating the policy
• A clear grievance procedure or set of steps for an employee who has experienced or witnessed discrimination
• A declaration of the employer’s commitment to prompt investigation of complaints of discrimination
• A promise of protection against retaliation
• A commitment by the employer to be legally bound by its policy

When developing inclusive nondiscrimination or equal employment opportunity policies, it’s important to include all aspects and stages of employment, from recruitment to termination, from compensation and benefits to chances for promotion.

Workplace diversity training programs are a great way for employers to demonstrate their commitment to having a staff from a variety of backgrounds and creating a respectful work environment. Employers benefit by sending a clear message that talented, productive workers are valued and there is no tolerance for discrimination based on traits that have no relationship to one’s ability to do the job. 

These programs generally involve gatherings where staff go through exercises to make points about discrimination and harassment. One exercise may demonstrate, for instance, how little you can tell about a person from their appearance. Staff also learn specific examples of workplace mistreatment and may even role-play to learn strategies for handling inter-group problems. Discussions likely also try to address some of the personal discomfort generally raised by dealing with these issues so directly.

Effective diversity training does the following:

• Teaches attendees how they can make the workplace a more welcoming place for their LGBT co-workers and those living with HIV.
• Examines hidden as well as overt bias.
• Gives people conflict-resolution skills and tips about becoming workplace allies.
• Includes training to allay fears about HIV transmission, educate about HIV prevention and provide resources for employees with HIV or those with family members living with HIV.
• Includes specific training on transgender issues.

Ideally, the employer’s diversity trainers will be well versed in sexual orientation, gender identity and HIV issues. Check their references and talk to people at other workplaces that have hired them to see if the trainers’ workshops have been practical and effective.