LGBTQ youth made up a disproportionately high percentage of human trafficking victims across the United States, according to a study conducted by anti-slavery group Polaris, and LGBTQ minors experience myriad forms of force, fraud, or coercion on a routine basis.

To further examine the ongoing plight of LGBTQ trafficking victims across the globe, 成人VR视频 Institute convened a webinar, Taken: Exposing Global LGBTQ Human Trafficking, on June 9 to discuss global LGBTQ+ human trafficking from an international perspective.

Drawing on her work in Canada, panelist Ashley Franssen-Tingley, Director of Stakeholder Relations at The Canadian Centre to End Human Trafficking, debunked the misconception that the only form of human trafficking involves abducting women and girls from parking lots and forcing them into commercial sex. In reality, she explained, human trafficking is a much larger problem, encompassing a variety of people being trafficked into an array of labor industries.

While human trafficking affects all demographics of people, LGBTQ+ people are particularly susceptible, panelists suggested, identifying some major challenges that render LGBTQ+ people uniquely vulnerable, including persecution based on sexual orientation or gender identity, discrimination in the workplace, and language access. Indeed, traffickers frequently target characteristics disproportionately present within the LGBTQ+ population, such as a lack of strong support networks, financial strain, a history of violence, and general social marginalization, panelists noted. Other groups most vulnerable to trafficking around the world include people without homes, young people in foster care, and sex workers, each of whom is disproportionately comprised of LGBTQ+ people 鈥� for example, in the United States of youth experiencing homelessness are LGBTQ+.

Facing an elevated risk

LGBTQ+ people face an especially difficult time accessing resources to escape human trafficking, panelists explained, noting, for example, that members of the LGBTQ+ community are at an elevated risk of experiencing negative interactions with law enforcement because of institutionalized homophobia and transphobia throughout the criminal justice system. Panelist Lynly Egyes, Legal Director at the Transgender Law Center, said that LGBTQ+ people in the U.S. are not often seen as victims of trafficking, nor able to tell their stories safely due to bias in law enforcement.

And the situation is especially dire for trans people, who often struggle to be heard, understood, and believed in general, Egyes explained, adding that transgender people being trafficked face an increased risk of police brutality. Many transgender people have a history of abuse by law enforcement, and as a result are reluctant to seek help from police. Traffickers specifically target transgender people because they think that most transgender people will not only be loath to engage police, but also face an uphill climb overcoming implicit transphobia or skepticism.

Another panelist, Kieran Guilbert, Slavery and Trafficking Editor at the 成人VR视频 Foundation, predicted that the coronavirus pandemic will not only exacerbate existing vulnerabilities, but also create new ones 鈥� people will lose their jobs, and frontline service providers will lose funding and be unable to work at full capacity. Such conditions threaten to drive people who were already in desperate situations before the pandemic, including members of the LGBTQ+ community, into more exploitative work, such as forced sex work and forced labor. Additionally, the pandemic has driven young people out of school and online, and that has contributed to a 鈥渉uge increase in recent months in online sexual exploitation,鈥� Guilbert said. This is concerning for LGBTQ+ people who are frequently targeted online, and especially worrisome for those who live in countries where being 鈥渙ut鈥� as LGBTQ+ individual can lead to imprisonment, violence, or death.

Lastly, the panel outlined ways to combat the trafficking of LGBTQ+ individuals. After recognizing that cases of human trafficking can vary widely 鈥� with some presenting numerous 鈥渞ed flags鈥� and others having no clear indicators 鈥� the panel delivered the following recommendations:

• • • Those wanting to donate should fund community-led solutions;
    • Concerned citizens and NGOs can create safe spaces and peer-led support groups (instead of forcing survivors to report to police);
    • Direct service providers can offer culturally informed services that are gender-friendly;
    • Politicians and activists can push for access to affirming healthcare for all; and
    • Legislatures can eliminate laws that disproportionately harm survivors of trafficking (for example, by fully decriminalizing sex work for consenting adults).

As the co-founder and executive director of , I have seen the extreme hardships and numerous compounded marginalization experienced by LGBTQ+ individuals both domestically and abroad.

In order to combat trafficking of the LGBTQ+ community, we must address the systemic failures which have left LGBTQ+ individuals especially vulnerable to exploitation and abuse in the first place. Efforts to improve biased institutions 鈥� from the criminal justice system to healthcare to the job market 鈥� and to promote public of LGBTQ+ rights will not only help advance equality overall but will also prevent further exploitation.

In 2018, almost half of employers allow their employees to voluntarily disclose their sexual聽orientation and gender identity on anonymous surveys or confidential human resource records, according to the , compiled by the Human Rights Campaign (HRC).

That percentage has almost doubled over 10 years, when it as at 27% percent聽in the 2008 survey, which itself was up from 17% in 2006.

A mechanism for allowing your LGBTQ employees to self-identify in their workplace, at first glance seems simple, but it is more complicated than one might think. There are two key parts for effectiveness: i) creating a safe environment that garners the trust of LGBTQ employees to self-identify within the corporate system; and ii) establishing the actual methods that employers can then offer.

LGBTQ self-identification is important from an organizational diversity and inclusion perspective if employers want to track progress on increasing recruitment, advancement of LGBTQ employees, and representation of LGBTQ talent at senior levels. More specifically, providing a way for LGBTQ employees to identify themselves as part of the queer community involves:

• • • tracking the recruitment, retention, and promotion of LGBT+ individuals more effectively;
    • identifying top LGBT+ talent and ensuring they receive appropriate developmental opportunities;
    • decreasing turnover of LGBT+ employees and reducing replacement costs; and
    • providing additional and more targeted benefits to LGBT+ employees.

In fact, it is important to members of LGBTQ employee resource groups at companies as well. Indeed, tracking the details of recruitment and advancement for staff with a LGBTQ identity is primary motivation for why organizations provide a way for employees to self-identify.

Creating a safe environment for self-identification

Unlike reporting of other underrepresented groups, collecting data on LGBTQ employees is not mandated by law in the U.S., making it optional for LGBTQ employees to self-identify.

This presents a unique challenge for employers because providing a safe environment based on trust is critical to collecting detailed data. Ken Weissenberg, corporate tax partner at and co-chair of the firm鈥檚 Real Estate Services practice, describes the stark differences between a safe culture and an unsafe culture for being out in the workplace because he has experienced both.

According to Weissenberg, an unsafe culture is one where the atmosphere is outright uncomfortable in which to work. It has an individual (versus team) focus and is a 鈥渕ean-spirited, back-biting,鈥� dog-eat-dog environment where derogatory comments about LGBTQ individuals are tolerated and not addressed.

Weissenberg鈥檚 idea of a safe environment, is that of EisnerAmper, where he has been employed for the last 15 years and was recruited as a partner who was out to his colleagues from the beginning of his tenure. 鈥淚t is a very supportive environment,鈥� and we all 鈥渢ry to work together and build together,鈥� Weissenberg says, adding that the focus is on the collective performance and success of the team. In fact, Weissenberg recognized the supportive environment from his first interview in 2004 when he inquired about domestic partner insurance coverage. Indeed, EisnerAmper had already made strides to ensure it was part of the firm鈥檚 benefits package.

In addition, the firm supported and encouraged his activism in the LGBTQ movement for marriage equality prior to it becoming law in 2012, and the firm created a practice group around LGBTQ family and individual鈥檚 needs, which Weissenberg played a key role in starting.

More generally, other key aspects of a safe company culture, according to Weissenberg, include:

• • • the visible presence and promotion of senior level employees identifying as LGBTQ;
    • nondiscriminatory policies in the employee handbook;
    • the presence of a dedicated LGBTQ employee community; and
    • sponsorship of external organizations that specifically work to fulfill the needs of less fortunate LGBTQ people and provide ongoing advocacy for LGBTQ civil rights.

Best employer methods of ensuring self-identification

In order to create the best opportunity for organizations to collect the most accurate data on their LGBTQ employees, HRC suggests that each company clearly understand and outline to its employees the following:

• • • the purpose and use of the data;
    • the mode of self-identification (engagement surveys, applications, HR information systems, etc.);
    • the perceived overall acceptance of LGBTQ employees; and
    • the company鈥檚 overall LGBTQ cultural competency.

To maximize participation of LGBTQ employees in data collection, companies should communicate the specific purpose of why the data is being collected and how it will be used, HRC suggests, further recommending that companies restate their 鈥渃ommitment to non-discrimination on the basis of sexual orientation, gender identity or expression immediately prior to asking for self-identification and to clearly state the purpose of the question.鈥�

When determining self-identification will occur within the company, generally there are two options, either using: i) confidential employee records through human resources鈥� information systems; or ii) anonymous employee engagement surveys.

Whichever way the organization collects its data, employers need to be sensitive in how it鈥檚 done because of the challenging factors, which include: i) data privacy and employment laws and regulations; ii) employee nonparticipation; and iii) lack of global standards for sexual orientation and gender identity categories.

Organizations also need to consider the requirements for data privacy in self-identification methods, particularly for organizations with operations across the globe. Indeed, privacy regulations 鈥� such as the European Union鈥檚 General Data Protection Regulation (GDPR), jurisdiction employee protections (or lack thereof), and the varying laws across jurisdictions that govern same sex relationships 鈥� are among the complexities that exist across borders. Employers need to understand the regulatory and legal framework for each one of the jurisdictions in which they operate.

In addition, the lack of global standards for gender identity categories is equally complex when it comes to employers providing options for self-identification reporting. Employees identifying as transgender and gender non-conforming need expanded options to allow them to self-identify beyond the binary of male and female.

To maximize the opportunity and accurate data collection and to understand the diversity within companies鈥� LGBTQ communities, it is critically important for employers to emphasize confidentiality to address concerns, and more specifically to reassure LGBTQ employees that employers care about their well-being.

The for LGBTQ individuals in the United States started back in early 1970s and since then, has been a patchwork of protections. Today, 26 states and three U.S. territories 鈥� representing about 44% of the LGBTQ population 鈥� still do not have employment protections for LGBTQ individuals.

Currently, there are three pending cases before the U.S. Supreme Court that will determine whether or not the Civil Rights Act of 1964 under Title VII protects LGBTQ individuals from employment discrimination based on sexual orientation and gender identity at the federal level. 鈥淭he issue before the court is whether the word 鈥榮ex鈥� in prohibiting discrimination on the basis of sex includes gender identity and sexual orientation,鈥� says Wesley Bizzell, president of the National LGBT Bar Association and Senior Assistant General Counsel and Managing Director of Political Law & Ethics Programs at Altria in the Government Affairs function. He also leads the company鈥檚 political law and ethics compliance programs.

Bizzell notes that the Court鈥檚 decisions in the cases will have a tremendous impact on the LGBTQ community and the protections that the community is afforded at the federal level; although in these cases, the state protections would remain intact.

If the Supreme Court sides with employees, it would allow an individual, depending on the size of the company, who has experienced discrimination to bring a claim to the Equal Employee Opportunity Commission (EEOC) .

Employers play a critical role in protections

Employers have led the way over the past decade on LGBTQ equality. Largely because of the Human Rights Campaign鈥檚 Corporate Equality Index, 93% of all Fortune 500 companies prohibit discrimination on the basis of sexual orientation, and 91% prohibit discrimination on the basis of gender identity.

If the Supreme Court rules in favor of employers, which would not ban discrimination against LGBTQ employees, corporations and large law firms will have to play an even more critical role going forward. Indeed, having these policy protections is the first step, Bizzell explains, adding the next step is making sure the tone at the top is on target.

鈥淟eaders who are setting the tone of being an ethical and upright organization that values diversity are able to push their organizations further than they would otherwise,鈥� says Bizzell.

Creating a culture of inclusion for LGBTQ employees

To create a culture that is truly accepting of LGBTQ colleagues, Bizzell recommends a few key components:

Employee resource group (ERG) 鈥� This group can provide LGBTQ employees a mechanism to connect and push for change collectively. In addition, ERGs provide both networking and leadership opportunities to allow LGBTQ members to gain visibility with company leaders.

Trust 鈥� A key component to activate the membership of the ERG is trust. Members of the community have to be certain that joining the group will not be detrimental to their careers. This needs to be underscored by company leaders鈥� tone at the top and holding leaders accountable.

Pride celebrations 鈥� Celebrating June as Pride month with a visible commitment of the CEO and other senior leaders is another critical step, Bizzell says, adding that Altria hosts a speaker every year during Pride month. The event attracts both LGBTQ community members as well as their allies and allows them to hear from LGBTQ individuals.

Advocate for LGBTQ rights 鈥� Corporations and law firms have stepped up significantly in the last few years to use their influence and buying power with state governments and political leaders when anti-LGBTQ legislation has been proposed or enacted. One easy step towards better advocacy is having employers sign a letter voicing concerns about legislation or to support equality externally. Such activity gains even more trust and credibility among employees and demonstrates the employer鈥檚 commitment to LGBTQ inclusion.

With the Supreme Court鈥檚 decision imminent, Bizzell acknowledges there will be societal ramifications should the Court decide in favor of employers. However, given society鈥檚 progress over the last 10 years and recent big wins in equality-related protections, Bizzell says he takes the long view.

鈥淭his [decision in favor of employers] would be a huge setback at the federal level,鈥� he says. 鈥淏ut I am confident that our community will again come together and successfully move to right the wrong.鈥�