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]

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The Profession

Maila Aganon is the personification of the American dream. The vice president of treasury and risk for Caesars Entertainment Corp. immigrated from the Philippines and worked her way to the top.
By: | October 12, 2017 • 4 min read


R&I: What was your first job?

I actually had three first jobs at the same time at the age of 16. I worked as a cashier in a fast-food restaurant, a bank teller and a debt collector for an immigration law firm.

R&I: Who is your mentor and why?

I have a few. The first one would be the first risk manager I reported to. He taught me the technical part of the job, risk financing, captives and insurance. I am also privileged to be mentored by Lori Goltermann (CEO of U.S. Retail for Aon Risk Solutions).  From her I learned to be resilient and optimize life/work balance. Then of course I also have a circle of ladies at work who I lean in to!

R&I: How did you come to work in this industry?

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I was once a bank teller and had a client who was an insurance agent. He would come in every day to make deposits. One day, he offered me a job. He said, “How would you like to have your own desk, your own phone and your own computer?” And I said, “When do I start?” I worked for this personal lines insurance company for six years.

R&I: Did you take to it immediately?

Yes, I did sales, claims and insurance accounting. I left for a couple years and that is when AAA came calling, which was my first introduction to risk management. I didn’t know there was such a thing as commercial insurance. They called me and the pitch was “how would you like to run a captive insurance company?”

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

It is not so much the job but I say that I am the true product of the American Dream. I came to the U.S. when I was 16. I worked three jobs because I didn’t want to go to high school (She’d already graduated high school in the Philippines.) I spoke very little English, and due to hard work, grit and a great smile I’m now here working with all of you!

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

In movies, it is a toss-up between Gone with the Wind and Big Daddy.

R&I: What is your favorite drink?

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I like anything sweet. If you liquify a dessert that’s my perfect drink.

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

This is easy because I just got back from Barcelona on a side trip. I visited the Montserrat Monastery, which is a thousand-year old monastery. It was raining and foggy. I hiked for three hours and I didn’t see a single soul. It was a very peaceful place.

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

This is going back to working at a fast food chain when I was young. I worked in a very undesirable location in San Francisco. At 16 I used to negotiate with gang members so they wouldn’t rob me during my shift. I had to give them chicken so they wouldn’t rob me.

Maila Aganon, VP, Treasury and Risk, Caesars Entertainment Corp.

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

I can’t say me. They have to be my kids Kyle and Hailey. They can make me laugh and cry within a half-minute of each other. Kyle is 10, a perfect Mama’s boy. Hailey is seven going on 18.

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

I think the most fulfilling part is how you build relationships with people and then after a while they become your friends.

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

Risk managers do a great job of networking. They are number one. Which is not a surprise because the pillar of our work is building a relationship with underwriters, clients and brokers.

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

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I am experiencing that right now; talent.  We need to a better job in attracting and retaining talent. Nobody knows about what we do. You tell someone ‘I’m as risk manager’ and they give you a blank look. What does that mean?

We’re great marketers and we should use this skill set in attracting talent. We should engage our universities, our communities, even our yoga groups and talk to them about the exciting world of risk. It is an exciting career because there is nothing like it.

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

It would have to be the increasing cyber risk and the interdependency of systems.

R&I: What does your family think you do? 

I took my seven year old daughter once to an insurance event that had live music, dancing and drinks. She thinks that whenever I go to an insurance meeting, I’m heading to a party.




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