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Mapping Progress in Workplace Protections: A Study of Global LGBTQI + Workplace Antidiscrimination Legislation in
Ross L Weistroffer1, Amy Raub2, Aleta Sprague2
1Independent Researcher, Los Angeles, CA USA.
Introduction:
Despite global commitments to advance economic inclusion for all, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI +) workers around the world continue to face workplace discrimination based on their sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC). Developing a detailed global understanding of national laws addressing SOGIESC-based employment discrimination is a critical step towards making progress in these commitments.
Methods:
In this study, we systematically analyzed how detailed measures of legal prohibitions of SOGIESC-based employment discrimination across hiring, pay, promotions, access to training, and terminations changed from 2016 to 2023. Additionally, we examined measures that support implementation and enforcement, as well as exceptions to protections. We also assessed differences in protections between regions as classified by the World Bank using Pearson's Chi-squared tests.
Results:
We found that 71 countries prohibited at least some form of workplace discrimination based on sexual orientation, 41 countries did so based on gender identity, 18 did so based on gender expression, and 14 did so based on sex characteristics.
Conclusions:
Notable legal gaps remained in prohibition specificity, nationwide coverage, and enforcement mechanisms. Protections are also undermined by exemptions for faith-based institutions found in 4 countries. While progress in protections is sizable and steady, inequities persist across regions.
Policy Implications:
These findings offer actionable insights regarding the strengths and shortcomings of current national laws and can act as the foundation for further legal progress in protecting LGBTQI + people at work.
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