How Discrimination Happens Being LGBT and the experience of discrimination in access to employment, and the labour market in the Philippines A Research Paper presented by: Patricia Angela Luzano Enriquez (Philippines) in partial fulfilment of the requirements for obtaining the degree of MASTER OF ARTS IN DEVELOPMENT STUDIES Major: Social Policy for Development (SPD) Specialization: Poverty Studies Members of the Examining Committee: Dr. Karin Siegmann Dr. Irene van Staveren The Hague, The Netherlands December 2017 Disclaimer: This document represents part of the author’s study programme while at the Institute of Social Studies. The views stated therein are those of the author and not necessarily those of the Institute. Inquiries: Postal Address: Institute of Social Studies P.O. Box 29776 2502 LT The Hague The Netherlands Location: Kortenarkade 12 2518 AX The Hague The Netherlands Telephone: +31 70 426 0460 Fax: +31 70 426 0799 Page 2 o f 79 Contents List of Tables 3 List of Figures 5 List of Graphs 5 List of Acronyms 6 Acknowledgements 7 Abstract 8 I. The Status of LGBT Filipinos in the Philippines 9 1.1. Background of the Study 9 1.2 Relevance of the Research 14 1.3. Objectives and Research Questions 15 1.4 Scope and Limitations 17 1.5 Organization of the Research Paper 18 II. Understanding Heteronormativity, and Employment and Labor Discrimination: Conceptual and Theoretical Framework 19 2.1. Gender and Heteronormativity 19 2.2 Labor Market Segmentation and Labor Market Discrimination 23 2.3 Literature on LGBT Employment Discrimination in the Philippines and Workplace Well-Being 26 2.4 Analysis 31 III. Research Methods and Strategy 33 3.1. Sampling 33 3.2 Method 33 3.3 Research Technique 37 3.4 Data Analysis Strategy 43 3.5 Issues in Doing the Research 44 IV. Analysis 45 4.1. Discrimination 45 4.2 Responding to the Anti Discrimination Bill 69 V. Conclusion 71 List of References 74 Page 3 o f 79 List of Tables Table 1. Respondent’s perceptions on labor and employment discrimination against the LGBT Table 2. Respondent’s perceptions regarding the better treatment of heterosexuals over the LGBT Table 3. Number of respondents who are ‘out’ (based on Table 2) Table 4. Responses regarding inappropriate questions during hiring interviews Table 5. Number of respondents turned down for a job when otherwise qualified Table 6. A Crosstabulation of the sexual orientation and the respondent’s answer to the requirement of conforming to heteronormativity as a precondition to hiring Table 7. Number of respondents who were denied a promotion due to being LGBT Table 8. Respondents who were denied a promotion unless they conformed to heteronormativities Table 9. A Crosstabulation of the sexual orientation and the respondent’s answer to the denial of a promotion unless they conformed to heteronormativities Table 10. Respondents who were denied or bypassed training opportunities Table 11. Respondents who were denied a bonus or additional forms of remunerations Table 12. Respondents who felt that they were receiving a lower salary or remuneration in comparison to those with equal qualification, and position Table 13. Respondents who felt discriminated against benefits that heterosexual employees received Table 14. A Crosstabulation of the sexual orientation and the respondent’s answer of feeling discriminated against benefits that heterosexual employees enjoy Table 15. Respondents who have been harassed by their employer or someone of superior position to them. Table 16. Respondents who have been harassed by other employees Table 17. Respondents who have been subjected to slurs or jokes in the workplace Table 18. A Crosstabulation of the sexual orientation and the respondent’s answer of having been subjected to slurs and jokes in the workplace. Table 19. Number of respondents who have felt specifically called in for hazardous tasks, or responsibilities that fall outside working hours. Page 4 o f 79 Table 20. Number of respondents who were asked to perform as a heterosexual in the workplace Table 21. Respondents who are able to join or form LGBT specific groups, or unions in the workplace Table 22. Crosstabulation of Sexual Orientation, Performativity, and forms of discrimination List of Figures Figure 1. How Gender Stereotypes Bias Evaluations Figure 2. Labor Market Segmentation Figure 3. Working Analytical Framework Figure 4. An Example of RDS Recruitment Chain Figure 5. Survey List of Graphs Graph 1. Sexual Orientation of Respondents Graph 2. How the Respondents Present themselves in Public Graph 3. Job Sector of the Respondents Graph 4. Highest Educational Attainment of the Respondents Graph 5. Age Range of Respondents Graph 6. Percent of Respondents Publicly “Out” Regarding their Sexual Orientation Page 5 o f 79 List of Acronyms LGBT Lesbian, Gay, Bisexual, Transgender ADB Anti-Discrimination Bill UNDP United Nations Development Programme USAID United States Agency for International Development SOGIE Sexual Orientation, Gender Identity and Expression ILO International Labor Organization HIV Human Immunodeficiency Virus Page 6 o f 79 Acknowledgements To those who fight for equity, and justice, and to those resist and persevere. Page 7 o f 79 Abstract This research aims to look into how discrimination happens in the access to employment, and in the labor market for the LGBT in the Philippines. It seeks to understand and analyze the various parts of employment, from hiring, to remuneration, promotion, as well as workplace well-being to expound on, and fill in the gaps in knowledge when it comes to employment and labor market discrimination of the LGBT, within and among them through the analysis of qualitative and quantitative data. The paper aims to show how heteronormativity, and gender hegemonies play a significant part in how discrimination happens, beyond the assumptions of sexual orientation as the basis for discrimination. The paper also seeks to address the currently proposed Anti-Discrimination Bill in the country, which has both strengths and weaknesses in addressing the discriminations faced by the LGBT in the labor market and employment. Relevance to Development Studies The various costs of inequality due to discrimination against the LGBT has been widely studied in the country and around the world. This paper aims to add to the literature by focusing on the social and economic costs of discriminating against the LGBTs, specifically in the case of employment and labor market discrimination. It is important to understand how discrimination happens to the LGBT to be able to have a more inclusive and equitable form of development, where not only the incorporation of the LGBT into society is felt, but the transformation of their lives through targeted policies as well. Keywords LGBT, Heteronormativity, SOGIE, Gender Hegemony, Employment, Labor Market, Discrimination Page 8 o f 79 I. The status of LGBT Filipinos in the Philippines 1.1 Background of the Study Discrimination Discrimination and violations against the basic rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) persons in the Philippines continue to this day. For the purpose of this research, the definition of discrimination will be based on the International Labor Organization’s (ILO) Discrimination (Employment and Occupation) Convention, or C111, which defines discrimination as “any distinction, exclusion, or preference made on the basis of race, color, sex, religion, political opinion, national extraction or social origin, which has the effect of impairing equality of opportunity or treatment in employment or occupation” (ILO 1958). In addition, other distinctions, exclusions, or preferences which again has the effect of nullifying or impairing equality of opportunity or treatment in employment may be determined by the individual concerned (ILO 1958). It is important to note how in the ILO convention, exclusion regarding one’s sexual orientation, and gender identity and expression (SOGIE) has not yet been explicitly included in its definition, which indirectly affects discriminations based on SOGIE. Gay Friendly? The reputation of the country as being “gay friendly” (Bernal 2013), has incited the idea to some sectors of the country to dismiss the need for an anti- discrimination law, or even the necessity for political representation (Varona 2015). But in reality, being a very Catholic country puts the LGBT Filipinos lives in danger of acts of bigotry, hate, and discrimination that affects their basic economic and human rights, even enough to lead to their deaths (Varona 2015). The LGBT in the Philippines continues to live harder lives than everyone else in a place claiming to be gay friendly (Dela Cruz 2015). Acceptance is different from tolerance. Tolerance conceals prejudice and discrimination, which is heightened by class and social and legal status of transsexuals (Rogando-Sasot 2002) and of gays (Dela Cruz 2015). Religious bigotry is still very strong in the Page 9 o f 79 country where old customs are still kept such as Christian values, as well as having conservatives in the country who endorse “love the sinner, hate the sin”. (Dela Cruz 2015). Homophobic slurs are also still heavily used to show disrespect, which also forces many to stay in the closet or hide their true identities from family and friends (Dela Cruz 2015). The country’s peculiar relationship with the LGBT where the country has typified the LGBT and expect them to conform to these typifications, for example, there is the butch lesbian, the flamboyant gay (Bernal 2013). The moment the LGBT step out to demand rights, they immediately become a threat to the society because they no longer fulfill nor fit the stereotype associated with them (Bernal 2013). Small steps towards LGBT rights Once gay literature materialized in the early 90s in the country, academic studies and political activism with the participation of the LGBT community became more mainstream (UNDP, USAID 2014). LGBT related writing became more common in local, and community publications, which, towards the end of the decade, led towards the first formal advocacy in the political realm with the formation of the LGBT lobby group and the drafting of the first Anti-Discrimination bill (UNDP, USAID 2014). Come the new millennium, the formation of the political party Ang Ladlad was seen (UNDP, USAID 2014). In the 2000s, more organizations were formed to address specific needs of the LGBT in the country including sexual health, psychosocial support, religious and spiritual needs, and political representation (UNDP, USAID 2014). Various forms of media, for and by LGBT people, have also become more mainstream, specifically representing the LGBT community which, included monthly gay magazines such as Generation Pink, and Ketchup Magazine, televisions shows like Out!, and editors and contributors to broadsheets were also participated in by the LGBT people (UNDP, USAID 2014). Now popular Outrage Magazine, established in 2007, became the first web-based publication exclusively for LGBT Filipinos (Outrage n.d.) Page 10 of 79