Despite progress in improving attitudes toward the lesbian, gay, bisexual, and transgender communities, intolerance is still an issue. Discrimination against LGBT people is still rampant in Asia, where many hold negative attitudes toward diversity of orientation, particularly at schools and workplaces. LGBT people face violence and discrimination for no other reason than being who they are. Discrimination and violence against people of diverse sexual orientations and gender identities is a serious problem around the world. Lesbian, gay, bisexual, and transgender (LGBT) workers face discrimination in the labor market throughout the employment cycle, from education for employment, access to employment, refusal of employment, dismissal, and denial of career training and promotion, to access to social security because of their perceived or actual sexual orientation. Discrimination on the grounds of sexual orientation and gender identity (SOGI) has been recognized in international law, and developments in recent years have led to an increased focus on the prevalence of discrimination against lesbian, gay, bisexual, and transsexual (LGBT) persons around the world. While some countries have adopted legal provisions prohibiting discrimination against LGBT persons, most countries have not.

Recent years have seen some positive steps to recognize SOGI rights under Thai law for example, such as the removal of the term “permanent mental disorder” from the reserved military service exemption document (Sor Dor 43) for transgender persons, which has been replaced by “gender identity disorder.” Persons of diverse sexualities have also been recognized for the first time as a population group needing assistance to access social services in a recent regulation under the Social Welfare Promotion Act. Yet, legal protection of LGBT persons remains limited as there is currently no major Thai law that ensures equality for persons of diverse sexualities, and there is no specific anti-discrimination law covering employment and occupation. Despite the common perception that Thailand is open to people of diverse sexualities, the PRIDE Thailand study found that LGBT people are not fully accepted by Thai society due to persistent prejudices and lack of understanding about different sexual orientations and gender identities. Extensive discrimination in various aspects of employment and occupation means Thai LGBT people do not enjoy fundamental rights and equal opportunity and treatment at work and cannot reach their full potential.

Persistent stigma, discrimination, and exclusion

LGBT persons face persistent stigma and many forms of discrimination in employment and education. Gays and lesbians are tolerated as long as they conform to the hetero-normative gender roles expected by society, but people with more visible different gender Gender identity and sexual orientation in Thailand xiii expressions, in particular transgender persons as well as intersex persons who are often lumped together with transgenders, face severe barriers to equality and decent jobs. They are often marginalized and excluded, and unable to make a full contribution to society. • Discrimination at all stages of employment. The majority of LGBT persons in the study have experienced discrimination starting from education and training to access to employment, career opportunity, and advancement, as well as in access to employment and social security benefits.

Limited acceptance of gender diversity in the workplace 

Many gay men and women tend to play heterosexual roles to avoid possible rejection at work. They hide their sexuality in the early stages of their career and come out later after they feel some security in their job. This also depends on the workplace culture and the profession. Non-heterosexual gender identity is perceived to damage credibility in leadership and in high-status jobs, such as lawyer and judge.

The hostile work environment for LGBT, in particular transgenders and toms 

LGBT often have to tolerate jokes, gossips, and insensitive comments at work. Transgenders and toms, in particular, are subject to intrusive questions about their private lives, insinuations, slurs, and insults about their sexuality that are sometimes violent, such as jokes about transgenders and toms being raped or gang-raped. Gay men and women can also experience a hostile work environment.

Sexual harassment and violence at school and at work

LGBT persons face many forms of gender-based harassment, from mild teasing, taunting, gossips, slurs, insults, and groping, to more serious forms of physical and sexual violence, including hazing, bullying, physical assaults, and rape. Transgender persons and young feminine gay students face the severest bullying. There are cases of toms raped by co-workers, transgenders raped in male prisons, and intersex persons facing sexual assaults in their community because of their ambiguous gender identity. Thai media have also reported rape and murder of toms which fit the definition of hate crime.

Full rights can not be exercised and full participation is not possible unless society accepts all members as equal and entitled to the same human and workers’ rights. The gap in legal protection of SOGI rights requires further policy mobilization to include LGBT in the full protection against discrimination under the law, including in the Labour Protection Act. And the lack of anti-discrimination legislation specific to employment and occupation can be remedied by seeking useful guidance in international instruments and good practice examples from other countries. Effective action against discrimination of LGBT in the workplace involves responsive laws, policies and mechanisms, responsive human resources and practices, as well as more education and social dialogue towards a better understanding of LGBT rights and acceptance of LGBT as full and equal members of society. More cooperation from all key stakeholders is needed to ensure that LGBT rights are respected and protected. Following are the legislative and policy recommendations for government, employers’ and workers’ organizations, LGBT organizations, and civil society, to promote rights, diversity, and equality for workers of diverse sexual orientations and gender identities in employment and occupation.

Written by Dude Arnel Flores Lopez, BSN, RN  04 May 2021