bout de papier, Vol. 15, No. 2 (1998) — Summer 1998 // Été 1998, pp. 26–27
While the extension of basic human rights to gays and lesbians has certainly been a very slow process, there have been some significant legislative advancements made over the last 5-10 years. But changing the mentality of intolerant people may be the hardest feat.
Last December 10, on Human Rights Day, Citizenship and Immigration Canada (CIC) announced a joint union/management campaign called Towards a Respectful Workplace in an attempt to change intolerant attitudes. This campaign expands upon CIC’s commitment to the “establishment of a workforce that is representative of the people it serves and to the establishment of a working environment which values and respects all employees, whatever their personal circumstances” “, such as cultural identity, gender, sexual orientation, domestic responsibilities, disabilities, religion or age.
The campaign will extend over several years. Each year, the campaign will focus attention on different aspects of CIC’s diverse workforce. The first year is focusing on gays and lesbians.
As the literature indicates, “Building a respectful workplace is about reducing personal isolation”. ’. CIC is hoping to create an environment where individuals feel comfortable and secure in expressing themselves about their personal lives.
The campaign is hoping to respond to concerns heard from gay and lesbian employees who describe issues of isolation, of not feeling free to be themselves in the workplace, of difficulties of taking a same sex spouse on some of their overseas postings.
It is hoped that the campaign will help other employees to understand the challenges faced on a daily basis by gay and lesbian employees, especially their sense of isolation. The campaign also hopes to keep employees informed about specific entitlements for gay and lesbian couples, in terms of benefits and pension entitlements in the federal government, since this issue is often reported upon in the media but not widely understood.
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As for entitlements, V in November 1995, the détene Treasury Board Secretariat of the federal Public lа c Service extended employee benefits for same sex spouses. These benefits include bereavement leave, leave for family-related responsibilities, leave for relocation of spouse, foreign service directives, isolated post directives, and relocation directives.
Employees living with a same sex spouse must meet the same criteria as an employee living with an opposite sex common law spouse — the relationship must exist for a continuous period of one year and the individuals must publicly represent the other person as his/her spouse.
The Superannuation Act governs entitlement to pension benefits in the federal 1*1 mayanen Canadi Public Service. This Act’s current wording does not include same sex couples in its definition of “spouse”.. Only an amendment to the Act can bring about a change to pension entitlements. The exact wording in the Superannuation Act is found at section 25 (4): 66 …where a contributor dies and the contributor has been, for a period of not less than one year immediately before the contributor’s death, residing with a person of the opposite sex to whom the contributor was not married, the Treasury Board may deem that person to be the surviving spouse of the contributor…”
There are several legal battles being fought, and lately won, over many issues involving same-sex couples. An April 1998 decision by the Ontario Court of Appeal is a case in point. The decision declares a traditional Income Tax Act definition of “spouse” to be unconstitutional as it applies to the registration or amendment of pension plans. The ruling states that the words “or the same” must be read into the Act as follows: “the person of the opposite or the same sex who cohabits at that time with the taxpayer in a conjugal relationship.” We will have to wait and see if this decision stands, or if the federal government appeals to the Supreme Court.
It has been asked how CIC can promote acceptance of gay and lesbian employees, when it does not respect same sex spouses in the Immigration Act. CIC is considering a number of legislative options, and in the meantime, guidelines have been provided to visa offices, including a general direction that they use favourable discretion when processing such cases. Similar instructions have been drafted for immigration officers in Canada. These are now in place informally but are planned for formal publication this year. I personally know one same-sex couple where the non-Canadian partner was able to immigrate to Canada based in part on their long-standing relationship. He told me that it would be a long, long time before his native country, Switzerland, would ever extend the same right.
The CIC campaign also aims to establish a “safe” work environment where employees are able to express themselves freely to their managers, to feel able to criticise work policies or procedures, to vent, and to make constructive suggestions for change, and feel supported (confidentially if necessary) when personal issues affect their workplace performance.
As part of the campaign, CIC also published a pamphlet entitled Towards a Respectful Workplace: Gays and Lesbians. The brochure focuses on sexual orientation and deals with the needs and rights of those employees who are openly gay or lesbian and those who choose not to discuss their sexual orientation. As the pamphlet says, “Disclosing your sexual orientation is not the same as talking about your sex life. It means talking about your family and friends, who you love, who you live with, and who you socialise with.”
For many people, it’s natural to talk about certain aspects of their personal lives at work. Many daily discussions that straight employees take for granted at work are a source of anxiety for their gay and lesbian colleagues. This pamphlet hopes to make heterosexuals stop and think about their gay and lesbian colleagues — “Imagine being afraid to put your same-sex spouse’s picture on your desk…imagine the isolation of being afraid to ask for time off if your spouse was hospitalised..or having to force yourself to laugh at some demeaning joke.”
As the pamphlet says, “Gays and lesbians have the right to be treated with the same respect and consideration as all other employees. Yet, in many places, gay or lesbian employees who ’come out’ risk discrimination, harassment and unfair treatment.” Hopefully, one day this will not be the case.
Postscript: While it is true that the times are changing, readers may find it interesting that the author had asked a number of gay Foreign Service officers at DFAIT, CIC and CIDA to contribute their stories, anonymously or otherwise, but for various reasons, only two submissions were received. (This may partially be due to the fact that many government employees are reluctant to publicly express their personal opinions about the workplace at all.)
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Originally published in bout de papier, Vol. 15, No. 2 (1998) — Summer 1998 // Été 1998, pp. 26–27. Read the rest of this issue →
