Healthcare Equality Index: Patient Non-Discrimination Policies
| The Joint Commission has published new and revised requirements including an updated standard that prohibits discrimination based on sexual orientation and gender identity or expression. Learn more. |
Discrimination in healthcare settings not only negatively affects the patient at the time of the incident but it also discourages the patient from accessing healthcare in the future. Implementing a patient non-discrimination policy that includes both “sexual orientation” and “gender identity or expression” is a crucial step in ensuring fair and equitable treatment for LGBT patients.
Terminology: “sexual orientation,” “gender identity” and “gender expression”
- Sexual orientation is the preferred term used when referring to an individual’s physical and/or emotional attraction to the same and/or opposite gender. “Heterosexual,” “bisexual” and “homosexual” are all sexual orientations. A person’s sexual orientation is distinct from a person’s gender identity and expression.
- Gender identity, distinct from the term “sexual orientation,” refers to a person’s innate, deeply felt psychological identification as male or female, which may or may not correspond to the person’s body or assigned sex at birth (meaning what sex was originally listed on a person’s birth certificate).
- Gender expression refers to all of the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns and social interactions. Social or cultural norms can vary widely and some characteristics that may be accepted as masculine, feminine or neutral in one culture may not be assessed similarly in another.
More information:
- Seattle & King County Public Health: GLBT Definitions [www.kingcounty.gov]
Enumerating protected classes in patients’ bill of rights and/or non-discrimination policy
When addressing LGBT bias through policies, it is best to leave as little as possible to interpretation of staff members by explicitly including reference to the LGBT community. Enumerating protected classes in non-discrimination policies (as well as in other policies aimed at ensuring the health and safety of all, such as anti-bullying policies) is a well-established practice. Leading medical associations such as the American Medical Association, California Medical Association and American Academy of Family Physicians have adopted policies that prohibit discrimination against the LGBT community by including the terms “sexual orientation” and “gender identity.”
More information:
- Sample Patient Non-Discrimination Policies
- Patient Non-Discrimination: LGBT-Inclusive Policy Statements from Healthcare Organizations
- Patient Non-Discrimination and State Public Accomodation Law
- Stories of LGBT Healthcare Discrimination
