Gender & Sexual Orientation Discrimination

1. Gender & Sexual Orientation Discrimination Cindy Smail, Loss Control ConsultantMarsh Risk Consulting

2. “Every single day at college, I was harassed for being a visibly trans woman. People slowed their cars down to stare at me, they shouted slurs at me from their dorm windows, insulted me in class, and a lot more I’d rather not think about. It got so bad that I tried to kill myself twice over the course of three months. Getting out of that school has been the best thing to have happened to me.” Source: The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity.

3. “I was sexually assaulted at my university. I was also attacked and stalked. The university didn’t do anything to help me. Instead, it threatened to punish me. I lived in terror the entire time I was on campus. I was denied a rape kit because I was transgender and the police were completely uninterested.” Source: The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity.

4. 24% of people who were out or perceived as transgender in college or vocational school were verbally, physically, or sexually harassed. Source: The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity.

5. 16% of respondents who were out or perceived as transgender and who experienced harassment, left college because the harassment was so bad. Source: The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity.

6. LGBTQ General Statistics 1. LGBTQ youth experience high rates of discrimination and harassment at school. Eight in ten LGBTQ students reported their school engaged in LGBTQ-related discriminatory policies or practices, with two-thirds saying that they personally experienced this anti-LGBTQ discrimination. 2. Less than one in five transgender youth say they are always called by their correct pronoun and only a third are called by their correct name in school. 3. Half of all transgender students are never able to use the correct restroom or locker room at school. 4. More than a third of these students don’t use any restroom at all throughout the school day. This poses serious health risks to students and compromises their educational opportunities Source: Human Rights Campaign, Student Non-Discrimination Act, https://www.hrc.org/resources/student-non-discrimination-act and GLSEN 2015 National School Climate Survey, National School Climate Survey, https://www.glsen.org/article/2015-national-school-climate-survey.

7. A Significant Decrease in Comfort in Personal Situations Gay & Lesbian Alliance Against Defamation (GLADD) commissioned a Harris Poll to measure American’s attitudes to LQBTQ people and issues over time. 2018 survey - decline with people’s comfort year-over-year in every LGBTQ situation, losing ground that had been gained during the last four years. Source: GLADD – Accelerating Acceptance 2018 study, https://www.glaad.org/publications/accelerating-acceptance-2018.

8. Discrimination Experienced Increases by 25% Consistent with the erosion of tolerance, the report showed a “significant increase” year-over-year in the percent of LGBTQ community members who reported having experienced discrimination based upon gender identity or sexual orientation. Source: GLADD – Accelerating Acceptance 2018 study, https://www.glaad.org/publications/accelerating-acceptance-2018.

9. Campus is Generally Seen as a Positive Environment Increased independence provides space for privately and safely exploring sexuality and gender.. Provides academic opportunities to learn about LGBTQ history, culture and people.

10. Teachers that identify as gay or lesbian are actually less likely to challenge homophobic language and behavior in the classroom and break room because of the fear of unwanted attention being brought to their sexual orientation. Source: Study: Gay and lesbian teachers fear retaliation in face of homophobia at school, https://www.glaad.org/blog/study-gay-and-lesbian-teachers-fear-retaliation-face-homophobia-school.

11. LGBTQ Discrimination Legal Context Title IX prohibits discrimination based on sex in federally funded education programs and provides legal recourse to redress such discrimination. Although there have been numerous federal court rulings interpreting the sex discrimination provisions of federal civil rights laws to include discrimination based on gender identity, sexual orientation, and sex stereotyping, this is under review by the federal government. Many school districts and the Trump administration continue to fail to recognize the rights of LGBTQ students under Title IX. Several federal courts are currently considering cases which could solidify rights for LGBTQ students. Source: Human Rights Campaign, Student Non-Discrimination Act, https://www.hrc.org/resources/student-non-discrimination-act.

12. Non-discriminative, Transgender Supportive Policies

13. In Practice • Approach LGBTQ issues from an intersectional lens • Include sexual orientation and gender identity in institutional policy, not waiting for government mandates • Establish a campus-wide steering committee or commission to oversee LGBTQ issues across student and employee policies • Conduct an audit of gender inclusion in policies and a process mapping exercise • Collect sexual orientation and gender identity information in a sensitive, systematic way and only when relevant • Allow students choice in pronoun and name • Advocate for inclusive campus healthcare • Offer information on LGBTQ students in new faculty and staff orientation

14. Housing Policy Considerations Consider - Students can choose to be housed in keeping with their identity when they inform that they are transgender. Every attempt will be made to provide students safe and comfortable housing assignments. Gender-inclusive housing: • Open to all students • Available for both new and returning students • Not sequestered to an LGBTQ specific floor • Offered in differing areas of campus and in different housing types (double/single dorm rooms, apartments, etc.) • Gender-inclusive bathrooms and showers Source: Best Practices for Supporting Transgender Students, Lamda Legal, https://www.lambdalegal.org/know-your-rights/article/trans-supporting-students.

15. Bathroom and Locker Room Considerations • Allow individuals to use facilities in keeping with their gender identity or provide bathrooms designated as gender-neutral • Consider implications of lockable single use rooms and multi-stall bathrooms • Offer increased privacy in locker rooms whenever possible for all students • On single use facilities, use signage that simply states “restroom” • Include gender-inclusive restroom notations on maps Source: Best Practices for Supporting Transgender Students, Lamda Legal, https://www.lambdalegal.org/know-your-rights/article/trans-supporting-students.

16. A word on Insurance Coverage M.U.S.I.C. Errors and Omissions Coverage • Coverage for the member institution for a wrongful act • Employees covered only if acting on behalf of the member institution and under their employment requirements as advised by the Employer Questions? Call Tony

17. Additional Resources • NAFSA article on LGBTQ+ Student Advising Guide for Education Abroad Professionals - https://www.nafsa.org/Professional_Resources/Browse_by_Interest/Education_Abroad/Network_Resources/Education_Abroad/LGBTQ__Student_Advising_Guide_for_Education_Abroad_Professionals/. • Institutional Policies: Purdue University - https://www.purdue.edu/purdue/ea_eou_statement.php Santa Ana College - https://www.sac.edu/AboutSAC/Pages/nondiscrimination.aspx • Let’s Talk About It – A Transgender Survivor’s Guide to Accessing Therapy, Forge, https://www.hrc.org/resources/sexual-assault-and-the-lgbt-community. • Department of Labor & Occupational Safety and Health Administration, Best Practices: A Guide to Restroom Access for Transgender Workers, 2015, https://www.osha.gov/Publications/OSHA3795.pdf. • The Report of the 2015 U.S. Transgender Survey. Washington, DC: National Center for Transgender Equality, http://www.ustranssurvey.org/. • Eastern Michigan University, Office of Study Abroad, LGBTQ Guidance - https://www.emich.edu/study-abroad/students/diversity/index.php.

18. ?

19. This document and any recommendations, analysis, or advice provided by Marsh (collectively, the “Marsh Analysis”) are intended solely for the entity identified as the recipient herein (“you”). This document contains proprietary, confidential information of Marsh and may not be shared with any third party, including other insurance producers, without Marsh’s prior written consent. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Any modeling, analytics, or projections are subject to inherent uncertainty, and the Marsh Analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Except as may be set forth in an agreement between you and Marsh, Marsh shall have no obligation to update the Marsh Analysis and shall have no liability to you or any other party with regard to the Marsh Analysis or to any services provided by a third party to you or Marsh. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or reinsurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage.