FROMONT BRIENS

[ARTICLE] International mobility and anti-LGBTQIA+ laws, 2026/08/21

Sending employees abroad: enhanced safety obligations in countries with anti-LGBTQIA+ laws

While many countries have strengthened protections against discrimination based on sexual orientation, others maintain—or are even tightening—laws that criminalize same-sex relationships.

As part of their duty to ensure the health and safety—both physical and mental—of their employees, employers should take this context into account when assigning staff abroad.

This heightened vigilance primarily applies to expatriation and secondment, but it may also arise for short-term assignments depending on the destination country.

The recent example of Senegal, which tightened in March 2026 the criminal sanctions applicable to same?sex relationships — now classified as “acts against nature” — highlights the importance for employers of assessing, in advance, the risks linked to the legislative, regulatory and cultural environment of the host country.

In practice, and without infringing on employees’ privacy or seeking information about their sexual orientation, employers should implement concrete measures.

First, employers should ensure that employees receive clear information on local legal frameworks and context that may affect their safety in the host country.

Beyond this, additional preventive or corrective measures may be deployed depending on the circumstances. For example, in line with standard guidance on cybersecurity or kidnapping risk prevention, employers may advise employees to limit the sharing of personal information on dating applications and to avoid disclosing the address of company-provided accommodation.

Employers may also consider setting up a dedicated support line, an alert procedure, an emergency repatriation plan, or, where appropriate, adjusting the conditions under which the assignment is carried out.

Indeed, changes in the local environment may give rise to tensions related to an employee’s sexual orientation in the workplace abroad. If such situations are brought to the employer’s attention, it is recommended to act swiftly to protect the individual’s health and safety, both effectively and with due sensitivity.

Finally, it should be recalled that under Article L.1132?3?2 of the French Labour Code, “no employee may be sanctioned, dismissed or subjected to any discriminatory measure […] for refusing, on the grounds of their sexual orientation, a relocation to a country where homosexuality is criminalised.”

Pride Month serves as a reminder that successful and secure international mobility requires careful assessment of potential risks and ongoing monitoring of local legislation in destination countries.

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