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Writer's pictureCynthia Fortlage

Supporting Non-Binary Employees in the MENA Region: Navigating Complex Realities for Inclusive Organisations


There is no single way to be non-binary, the image is of a person who's gender is unknown

As global organisations continue their work in regions where gender diversity is not always recognised, they face a significant challenge: how to support employees whose gender identities may not be legally acknowledged or socially accepted. This becomes especially critical for non-binary employees moving into roles in regions like MENA (Middle East and North Africa), where non-binary identities are often not recognised and, in some cases, could even be illegal.


It’s important to note that I am a binary woman with a trans+ history and not an expert in the lived experience of non-binary people. However, the principles of gender diversity and inclusion that I’ve long advocated for remain essential for organisations to create inclusive environments, regardless of local context.


For non-binary employees progressing in their careers, relocating to a new region can represent both a chance to advance professionally and a significant personal challenge. The contrast between their lived experiences in more progressive environments and the realities they face in restrictive regions can create a problematic dichotomy. Let's explore how organisations can respond to this by leveraging different models of inclusion, from the Do No Harm model to the Embassy model, and consider the critical concerns they should bear in mind. Alongside this, we’ll highlight some potential positives organisations can keep in mind.


The Do No Harm Model


When operating in regions where non-binary identities are neither recognised nor protected, many organisations default to a “Do No Harm” approach. The aim is to avoid causing further harm by keeping employees out of situations where their identity could lead to legal or social vulnerability. However, this model provides limited proactive support and can leave non-binary employees feeling unseen or unsupported.


Key Considerations:


  • Legal and Social Context: Provide employees with clear guidance on the legal and social realities they’ll face in the host country. This should include safety protocols and resources to help them navigate their day-to-day life safely.


  • Private Support: Offer internal mechanisms for discreet support, such as access to mental health services and creating pathways for confidential discussions about their experiences.


  • Career Progression: While the opportunity to advance their career is important, consider whether relocating a non-binary employee to a legally restrictive region is genuinely beneficial for both the individual and the organisation.


Red Flags to Watch For:


  • The employee’s safety may be at risk, particularly in regions where gender non-conformity is criminalised.


  • The psychological impact of suppressing their identity in the workplace could lead to significant mental health concerns, especially if there are few support structures in place.


If the risks are too significant, remote work might be the only option to ensure the employee’s safety, even though it may limit the career development opportunities traditionally associated with relocation.


 

The Embassy Model


The “Embassy” model offers a more structured way to support employees in restrictive regions. It treats the organisation’s internal policies on diversity and inclusion as a protected space, much like an embassy. Inside the company, gender diversity is respected, even though external interactions must comply with local laws and norms.


Key Considerations:


  • Internal Safe Spaces: Create and maintain inclusive spaces within the organisation, including gender-neutral restrooms and respectful pronoun use in internal communications.


  • Dual Realities: While the employee’s identity is protected internally, they may face challenges when interacting with local businesses or authorities. Organisations must offer clear guidance on navigating these external pressures while maintaining safety.


  • Internal Support Networks: Foster internal ERGs (Employee Resource Groups) that can operate confidentially, allowing employees to connect with others who understand their experiences.


Red Flags to Watch For:


  • External risks may outweigh the internal support offered by the organisation. While the company can protect the employee within its operations, local laws and societal norms could still lead to harassment, discrimination, or worse, in public spaces.


  • The psychological strain of shifting between internal support and external suppression could lead to burnout or disengagement.


Again, while career progression is significant, organisations must consider whether relocating employees will benefit their long-term well-being. In some cases, providing remote work might be the only safe solution.


 

The Advocacy Model


While advocacy for non-binary rights is critical in many contexts, it is often not possible in regions like the MENA due to strict laws and social norms. Local regulations may constrain organisations, and pushing for advocacy in such environments could risk the employee and company.


Key Considerations:


  • Understanding Legal Limits: Advocacy for non-binary rights in MENA countries may be ineffective and dangerous. Organisations must operate within the legal frameworks of the host country, even if they advocate for change globally.


  • Internal Support as a Priority: In regions where external advocacy is not feasible, the focus should shift to building robust internal support structures that help employees feel included, even if this support is not visible publicly.


The Impact on Non-Binary Employees


For non-binary employees being relocated to MENA countries, the situation can present profound personal challenges. Career advancement may be the goal, but this opportunity can come with significant individual and emotional costs. Organisations must be mindful of the following potential impacts:


  • Identity Suppression: In a society where non-binary identities are not recognised, employees may feel pressured to suppress their true identity both at work and in social interactions. This can lead to feelings of invisibility or erasure.


  • Safety Concerns: If their identity becomes known, employees in these environments face heightened risks, including harassment or legal consequences.


  • Isolation: Without external social recognition or a local support system, employees may feel isolated, compounding the emotional toll of working in a region that does not recognise their identity.


  • Career vs. Well-Being: The career progression that a relocation might offer could be undermined by the psychological strain and the risks to their well-being. Organisations need to be highly attuned to the red flags indicating when relocation is no longer viable.


Upsides to Consider:


While the challenges are significant, there are also some potential positives that organisations can consider:


  1. Global Influence on Local Policy: Some countries in the MENA region have begun to soften certain stances due to international pressure and a desire to attract global talent. Multinational companies can quietly influence workplace diversity by demonstrating the benefits of inclusive policies.


  2. Positive Internal Culture Development: Companies implementing the Embassy model have seen positive employee engagement, loyalty, and productivity outcomes. An inclusive internal culture can boost retention and morale, even if external pressures exist.


  3. Growing Conversations About Diversity: Younger generations in the MENA region are becoming more open to discussions about gender diversity, influenced by global media and education. Progressive organisations can help foster this slow shift.


  4. Innovation Through Diversity: Diverse teams are more innovative and creative. Organisations that invest in gender diversity are more likely to drive innovation and stay competitive globally, even in restrictive regions.


  5. Cultural Sensitivity Training: Navigating these challenges can improve an organisation’s cultural competence. Sensitivity training around different legal and social environments increases an organisation’s adaptability and ability to support employees globally.


  6. Setting Precedents for Inclusion: By maintaining inclusive internal policies, organisations can set a precedent for gender diversity, even in restrictive regions. These examples can ripple outward and create longer-term change.


Recommended Actions for Organisations


  1. Assess Legal and Social Risks: Before moving an employee to a legally restrictive region, conduct a full risk assessment to understand how local laws and customs will impact their experience.


  2. Create Internal Support Mechanisms: Whether using a Do No Harm or Embassy model, ensure that the employee can access internal support, including confidential ERGs, mental health resources, and inclusive policies.


  3. Train Managers and HR Teams: Managers and HR teams must be equipped to support non-binary employees, especially in legally restrictive environments effectively. This includes understanding local laws and offering practical guidance.


  4. Consider Remote Work Where Necessary: In cases where the legal and social risks are too significant, remote work may be the safest option. While this might limit traditional career progression, it ensures the employee’s safety and well-being.


  5. Support Long-Term Career Development: If relocation is not viable, look for other ways to support the employee’s career growth, such as mentorship, training, or other forms of professional development.



Supporting non-binary employees in the MENA region certainly presents challenges, but it’s not without opportunities for growth and progress. While organisations must navigate restrictive environments carefully, they can still make a meaningful impact by fostering inclusive internal cultures, leading the conversation on diversity, and leveraging the benefits of diverse teams to drive innovation. As societal views evolve, particularly among younger generations, and as global influence continues to shape local policies, organisations that embrace inclusion protect their employees and prepare for a future where diversity is more broadly accepted.


By recognising both the red flags and the potential for progress, companies can balance safeguarding their employees and advancing toward more inclusive business practices, even in complex regions like MENA.



Suggested Reading and Resources:


1. McKinsey & Company:

Diversity Wins: How Inclusion Matters.

McKinsey’s extensive research on the business case for diversity and inclusion. It discusses the positive outcomes of inclusive work cultures, including productivity and innovation.


2. Deloitte:

The Radical Transformation of Diversity and Inclusion: The Millennial Influence.

Deloitte’s report on how the younger workforce drives the future of inclusive policies, particularly in global organisations.

3. OutRight Action International:

Human Rights Report: The Global State of LGBTIQ+ Rights.

OutRight International’s report on the global situation of LGBTQ+ rights, including MENA region challenges and progress.

4. Human Rights Watch:

LGBT Rights in the Middle East and North Africa: A Growing Struggle.

Human Rights Watch offers insights into the legal landscape for LGBTQ+ individuals in MENA, highlighting both the challenges and some emerging positive developments.

5. ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association):

State-Sponsored Homophobia Report.

This annual publication offers a comprehensive overview of LGBTQ+ rights worldwide, with a focus on countries where non-binary and LGBTQ+ identities are criminalised.

6. Stonewall Global Workplace Briefings:

Creating Inclusive and Safe Workplaces for LGBTQ+ People Globally.

This guide provides insights on how companies can support LGBTQ+ employees working in countries with restrictive laws.

8. Harvard Business Review:

LGBT-Inclusive Companies Are Better at 3 Big Things.

This article explains how companies with inclusive policies for LGBTQ+ employees perform better in innovation, customer relations, and employee engagement.


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