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Improving Outcomes

Building Trust With Injured LGBTQ Employees

Actively addressing issues related to injured workers' sexual orientation or gender identity can help employers overcome hidden barriers to recovery.
By: | June 1, 2017 • 5 min read

Workers’ comp providers and payers in recent years have been taking note of the broad range of social and psychological issues that can impact recovery outcomes for injured workers. But a factor that flies mostly under the radar is how to navigate issues related to employees’ sexual orientation or gender identity.

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Prompt reporting is a key concern with employees that identify as lesbian, gay, bisexual, transgender or queer (LGBTQ). Data from the Institute of Medicine and the Kaiser Family Foundation suggest that the LGBTQ population is more likely to delay or avoid seeking treatment because of past discrimination, said Genex branch supervisor Chikita Mann during a recent podcast on the Inside Workers’ Comp blog.

HIPAA privacy rules also work differently within workers’ comp, which can complicate things further, if employees are worried that sexual orientation or gender identity information might be included in the information disclosed to their employers.

Employers should consider the employment non-discrimination laws (or lack thereof) in the states where they operate. There are currently 28 states where employers are not barred from discriminating against or even firing employees because of their sexual orientation or gender identity.

LGBTQ employees working in those states understand all too keenly that even if the law states they can’t be fired for reporting an injury, their sexual orientation or gender identity could easily be used as a smokescreen to justify termination after filing a workers’ comp claim.

Chikita Mann, branch supervisor, Genex

That’s why having a culture of inclusion and a track record of treating all employees with dignity is so important for employers, said Mann.

“When it comes down to it, the company’s culture really has a lot to do with getting the LGBTQ individual back to work,” she said. “If [LGBTQ individuals] feel that the culture of the company is not accepting of them, you have another brick wall as to trying to get them back to work, because it starts from the organization and it trickles down to the workers.”

And the same goes for the culture throughout a company’s workers’ compensation team, both in-house personnel and third-party providers that the injured employee might interface with.

If a gay employee is seriously injured, and the case manager assigned to him snubs or ignores the same-sex partner or spouse at his bedside in the hospital, the injured employee isn’t likely to feel respected, and will have precious little belief in whether his best interests will be looked out for by the workers’ comp team.

In turn, he’ll be less likely to comply with his treatment or return-to-work plan, and will be far more likely to feel that he needs a lawyer to represent him.

Even if it doesn’t come to that, said Mann, studies have found that LGBTQ employees are more likely to suffer from comorbidities such as depression and substance abuse. That makes it all the more urgent that employers connect with them in a positive way before they get isolated.

Setting the Right Tone

Including sexual orientation and gender identity in a company’s non-discrimination policy is important, but companies need to do more to create the kind of environment that will foster better outcomes for all employees.

“You’re dealing with diversity issues of course, but [it’s] really about inclusion, said Minnesota-based harassment and bullying consultant Susan Strauss.

“How do you establish and sustain an organizational climate that is inclusive of the LGBTQ community?”

That means looking at everything from a company’s mission statement and the kinds of advertising messages it presents to whether it includes the LGBTQ community in its recruitment outreach efforts and other community involvement.

“When people feel that they are being really treated with respect and with dignity, we’re going to get the buy in that we need from the individual in order to get back to work.” — Chikita Mann, branch supervisor, Genex

“Organizations should be involved in community efforts that are geared for the LGBTQ community, like any pride parade that might occur, or — depending upon the size of the community — an LGBTQ chamber of commerce,” said Stauss.

“There’s just so much that should be done. It should not be piecemeal. It needs to be a strategic approach.”

It comes down to making inclusiveness part of the organization’s corporate identify. Strauss noted that participating in the Human Rights Campaign’s Corporate Equality Index (CEI) can be a part of the overall strategy for some companies.

The index is the national benchmarking tool on corporate policies and practices pertinent to lesbian, gay, bisexual and transgender employees. Top scoring companies earn the distinction of “Best Places to Work for LGBT Equality.”

“Depending upon your score, that would be something that you would proudly display on your website,” said Strauss, letting potential employees and existing employees know about it.”

Non-government employers in the U.S. with 500 or more full-time employees can request to participate HRC’s Corporate Equality Index.

Ensure Partners Are Aligned

Case managers can help build trust with injured LGBTQ employees by consistently making it clear that the employee is understood and respected, said Genex’s Mann.

“When people feel that they are being really treated with respect and with dignity, we’re going to get the buy in that we need from the individual in order to get back to work,” she said.

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“It’s even more critical with the LGBTQ individual, that we use the motivational interviewing skills. … We are letting them know that, ‘We’re here for you. We’re going to do our best to help you get the medical treatment that you need.’ “

Strauss added that employers should include LGBTQ philosophy among the things they look for in their workers’ comp partners and providers.

“Make sure that everybody you’re doing business with has been educated in what some of the unique challenges might be in dealing with an LGBTQ patient,” she said. The onus is on the employer to ensure that their partners share a commitment to respect, equality and non-discrimination.

Otherwise, “you’re running a risk of that patient being undermined and potentially discriminated against.”

The bottom line, said Mann, is that everyone who comes in contact with injured workers should be reinforcing how much each individual is valued as an employee.

“Everybody wants to be needed, and everybody wants to be shown that they have value. If we can do that, that will go a long way with the LGBTQ individual.”

Michelle Kerr is associate editor of Risk & Insurance. She can be reached at [email protected]

More from Risk & Insurance

More from Risk & Insurance

The Profession

Curt Gross

This director of risk management sees cyber, IP and reputation risks as evolving threats, but more formal education may make emerging risk professionals better prepared.
By: | June 1, 2018 • 4 min read

R&I: What was your first job?

My first non-professional job was working at Burger King in high school. I learned some valuable life lessons there.

R&I: How did you come to work in risk management?

After taking some accounting classes in high school, I originally thought I wanted to be an accountant. After working on a few Widgets Inc. projects in college, I figured out that wasn’t what I really wanted to do. Risk management found me. The rest is history. Looking back, I am pleased with how things worked out.

R&I: What is the risk management community doing right?

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I think we do a nice job on post graduate education. I think the ARM and CPCU designations give credibility to the profession. Plus, formal college risk management degrees are becoming more popular these days. I know The University of Akron just launched a new risk management bachelor’s program in the fall of 2017 within the business school.

R&I: What could the risk management community be doing a better job of?

I think we could do a better job with streamlining certificates of insurance or, better yet, evaluating if they are even necessary. It just seems to me that there is a significant amount of time and expense around generating certificates. There has to be a more efficient way.

R&I: What was the best location and year for the RIMS conference and why?

Selfishly, I prefer a destination with a direct flight when possible. RIMS does a nice job of selecting various locations throughout the country. It is a big job to successfully pull off a conference of that size.

Curt Gross, Director of Risk Management, Parker Hannifin Corp.

R&I: What’s been the biggest change in the risk management and insurance industry since you’ve been in it?

Definitely the change in nontraditional property & casualty exposures such as intellectual property and reputational risk. Those exposures existed way back when but in different ways. As computer networks become more and more connected and news travels at a more rapid pace, it just amplifies these types of exposures. Sometimes we have to think like the perpetrator, which can be difficult to do.

R&I: What emerging commercial risk most concerns you?

I hate to sound cliché — it’s quite the buzz these days — but I would have to say cyber. It’s such a complex risk involving nontraditional players and motives. Definitely a challenging exposure to get your arms around. Unfortunately, I don’t think we’ll really know the true exposure until there is more claim development.

R&I: What insurance carrier do you have the highest opinion of?

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Our captive insurance company. I’ve been fortunate to work for several companies with a captive, each one with a different operating objective. I view a captive as an essential tool for a successful risk management program.

R&I: Who is your mentor and why?

I can’t point to just one. I have and continue to be lucky to work for really good managers throughout my career. Each one has taken the time and interest to develop me as a professional. I certainly haven’t arrived yet and welcome feedback to continue to try to be the best I can be every day.

R&I: What have you accomplished that you are proudest of?

I would like to think I have and continue to bring meaningful value to my company. However, I would have to say my family is my proudest accomplishment.

R&I: What is your favorite book or movie?

Favorite movie is definitely “Good Will Hunting.”

R&I: What’s the best restaurant you’ve ever eaten at?

Tough question to narrow down. If my wife ran a restaurant, it would be hers. We try to have dinner as a family as much as possible. If I had to pick one restaurant though, I would say Fire Food & Drink in Cleveland, Ohio. Chef Katz is a culinary genius.

R&I: What is the most unusual/interesting place you have ever visited?

The Grand Canyon. It is just so vast. A close second is Stonehenge.

R&I: What is the riskiest activity you ever engaged in?

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A few, actually. Up until a few years ago, I owned a sport bike (motorcycle). Of course, I wore the proper gear, took a safety course and read a motorcycle safety book. Also, I have taken a few laps in a NASCAR [race car] around Daytona International Speedway at 180 mph. Most recently, trying to ride my daughter’s skateboard.

R&I: If the world has a modern hero, who is it and why?

The Dalai Lama. A world full of compassion, tolerance and patience and free of discrimination, racism and violence, while perhaps idealistic, sounds like a wonderful place to me.

R&I: What about this work do you find the most fulfilling or rewarding?

I really enjoy the company I work for and my role, because I get the opportunity to work with various functions. For example, while mostly finance, I get to interact with legal, human resources, employee health and safety, to name a few.

R&I: What do your friends and family think you do?

I asked my son. He said, “Risk management and insurance.” (He’s had the benefit of bring-your-kid-to-work day.)

Katie Dwyer is an associate editor at Risk & Insurance®. She can be reached at [email protected]