Operation of the CSE: how to act against LGBTphobia at work?

By Agnes Redon | THE

| Complaints

In the 27e edition of the report on LGBTIphobias published by the association SOS homophobia, 101 violations are recorded in the context of work in 2022.

Operation of the CSE: how to act against LGBTIphobia at work?  - © Markus Spiske
Operation of the CSE: how to act against LGBTIphobia at work? – © Markus Spiske

In 2022, 101 cases of LGBTIphobia at work have been reported to SOS homophobia.

The manifestations of LGBTIphobia are as follows:

  • Rejection (60%);
  • Insults (52%);
  • Harassment (39%);
  • Discrimination (23%);
  • Defamation (20%);
  • Outing (19%).

According to the report, these demonstrations attest to:

  • “a working climate that is still not very inclusive, marked by gender stereotypes;
  • a lack of real commitments and effective policies that could counter systemic problems. For example dismissals based on sexual orientation or inactivity on the part of the police or justice. »

Finally, attacks come from colleagues (60%) or hierarchical superiors (42%).

“In most cases, the attackers are single men (34%) or mixed groups (24%) who get away with it, unlike their victims, who are often silenced and made invisible. »

“One of the reasons companies are not making progress on inclusion is that they lack in-depth information and knowledge about LGBTI issues. Among other things, this can lead to discrimination in hiring or violence from colleagues,” according to the report.

Recommended actions

“Actions in favor of diversity can be implemented easily with turnkey resources, such as the e-learning course on preventing LGBTIphobia at work and the SOS homophobia toolbox, or even role model and allied systems LGBTI, which can support companies and institutions in their transformation.

This also includes:

  • The signing of charters, codes of conduct and the implementation of an LGBTI HR policy;
  • The appointment of diversity referents, the establishment of alert systems managed by independent persons, and of prepared and applicable penalty grids in the event of transgression. »

The sources of the report

The figures of the Report on LGBTIphobia 2023 come from:

• 1506 testimonials received by SOS homophobia from 1er January to December 31, 2022 on the hotline;

• by e-mail via an online form;

• or by chat.

The data is also supplemented by the online help platform of SOS homophobia, accessible all year round, 24 hours a day.

Of these sources, the report states that it ” is not the exhaustive census of the manifestations of homophobia, biphobia and transphobia that occurred in 2022, but the reflection of some of these LGBTIphobias, perceived through the tools of the association and its knowledge of the field. Even today, many victims do not testify and ignore the discrimination and violence to which they are subjected.. »

The role of the CSE

Within the framework of its legal attributions, the CSE has every legitimacy to develop its role in the prevention of moral harassment of LGBTI people.

Indeed, in terms of health, safety and working conditions, the CSE “can encourage any initiative that it deems useful, in particular to propose actions to prevent moral harassment, sexual harassment and sexist acts”.

“No one should be subjected to sexist acts, defined as any act linked to a person’s sex, the purpose or effect of which is to undermine their dignity or to create an intimidating, hostile, degrading, humiliating or offensive environment” according to Articles L. 2312-9 and L.1142-2-1 of the Labor Code.

Moral harassment is characterized in particular by 3 following sizes:

  • There repetition of hostile actions, maneuvers or remarks which can take several forms;
  • There persecutory dimension of these acts that are centered on the same people. These actions can be extremely diverse and even linked to discrimination concerning physical appearance, sexual orientation, religion, disability…
  • There destruction of the person through the achievement of his dignity, his health and his professional future.

Concerning a presumed situation of moral harassment, the CSE can use its right to alert under the serious and imminent danger procedure (DGI). Thus, the staff representative at the CSE, who observes this type of situation (in particular through the intermediary of a worker), can immediately alert the employer.

In addition, the CSE may call on an authorized expert when a serious, identified and current risk, whether or not revealed by an accident at work, an occupational or occupational disease, is observed in the establishment (article L. 2315- 94 of the Labor Code).

Click HERE to consult the 27e 2023 edition of the report on LGBTIphobias

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