Progressive employers wish to be supportive of their diverse work
force, including their transgender workers. This FAQ
addresses many of the Frequently Asked Questions by
supportive employers, addressing issues that sometimes occur in the
workplace. Employers may draw upon these issues and practices for
the creation of their own policies.
This document lists:
EO Policy
Transition Planning
Anonymous Contact
Confidentiality
Communication to Coworkers
Education for Coworkers
Relocation
Time off for Medical Treatment
Dress Codes
Restroom Access
Locker Room Access
Name Change
Gender Marker Change
Benefits
Marital Status
Interviewing
Background Checks
References for former employees
Day of Transition Checklist
Cross Dressing
What should we include in our EO policy to protect transgender workers?
Issue: In some workplaces, discrimination against and harassment of
transgender workers can be a problem. Workers may need to hide
part of themselves at work. Workers who transition to another
gender may be dismissed, harassed, or otherwise suffer
discrimination. Laws in some states and localities prohibit
discrimination based on gender identity and expression, but other
states and localities do not have such a safeguard.
How should we plan a worker's transition to a new gender?
Issue: A worker contacts a manager, HR professional, or other coworker
and indicates that the worker is transgender and would like to
transition to a new gender. ("Transition" means to live and work
full time in a different gender than is traditionally associated with
his or her birth sex.)
How should we respond when we are contacted by an anonymous transgender worker?
Issue: A transgender worker contacts a manager, HR professional, or
other coworker and indicates that the
worker is transgender. The contact comes from an anonymous e-mail
address, such as a Hotmail account, and the individual does not wish to
disclose their identity, for fear of repercussions on the job.
Should we consider being transgender a confidential matter?
Issue: Workers who are transgender usually consider their transgender
status to be
private. This may apply to transgender workers who do not plan to
transition, to those who are considering a future transition, or to
those who have transitioned in the past. Of course, when a worker
transitions on the job, their current coworkers will be aware of the
workers transgender status.
How should we communication the news of a transition to coworkers?
Issue: When a worker transitions on the job, coworkers need to be aware
of the change, preferably in advance. This is to avoid surprise,
use of the old name and pronouns, or confusion about company policy.
Should we educate our workers so they will know what to expect?
Issue: Many coworkers have never met a transgender person, and
do not understand the need to transition. They may have
misconceptions
about a transition or about company policy. This can lead to
inappropriate behavior, such as use of improper names and pronouns,
fear of the unknown, or even harassment or discrimination.
Should we relocate a transitioning worker to a new location?
Issue: In order to preserve confidentiality, some transgender workers
may prefer to be relocated to a new work location where they are not
known to be transgender. While standard practice in the past,
such relocation is currently rarely needed.
Will medical visits impact the work schedule?
Issue: Transgender workers are required to undergo a number of medical
treatments to support their transition. These may include:
Will my transgender worker need accomodation for our dress code?
Issue: Some employers specify a dress code that is different for men
than for women. Workers who are transitioning are required, prior
to
surgery, to assume the role for their new gender. This process is
known as the Real Life Experience. Part of that experience is
dressing appropriately for the new gender role.
What restroom will he or she use after the transition?
Issue: Transgender workers need the same access to restrooms as other
workers. After transition, a coworker may be surprised at the
transgender worker's use of the new restroom. Coworkers may be
even more surprised if the transgender worker continues to use the old
restroom. If a worker is required to use a separate restroom,
such as a distant single occupancy restroom, productivity,
professionalism, and confidentiality may be affected. OSHA rules
require that all workers have unlimited convenient access to restrooms.
We have a locker room. What should we do?
Issue: Access to situations involving disrobing in the presence of
others can be uncomfortable for transgender workers who have not
completed surgery, and for their coworkers. While it is rare for
a pre-operative transsexual to want to disrobe in the presence of
others, it may be required in some workplaces. All employees
should have access to facilities intended for use by all employees.
Will the worker's name change? Should we update our records?
Issue: When a transgender worker transitions, it is usually appropriate
to use a new name for the worker. Written documentation,
including e-mail, workplace name tags, photo ID, org charts, computer
accounts, and HR records should also be updated with the new
name. The worker will usually undergo a legal name change, which
may occur a few months after the transition.
Should we change the "M" to an "F" in our records?
Issue: HR and health care databases usually include a gender marker
designating the worker as "M" or "F." This gender marker is
confidential but is visible to HR, benefits, and payroll. When a
worker transitions, a change to the gender marker is appropriate.
Medical care available to the worker may be affected by the gender
marker.
Do we need to update our health benefits coverage?
Issue: Certain medically necessary procedures, (such as hormones and
sex reassignment surgery,) required for sex reassignment, may be
excluded from employer provided health care plans. Additionally,
certain cosmetic procedures (such as electrolysis) may be necessary for
success in the new gender role.
For more information about Transgender Health Benefits, including projected costs, see
the TAW Transgender Health Benefits page.
What if the worker's spouse is covered as a beneficiary?
Issue: Transgender workers may be married before their
transition. Transition or surgery does not necessarily terminate
a legal marriage. In addition, some states permit same-sex
marriages
by post-operative transsexuals. It is possible that a transgender
worker will have a legal spouse of the same gender, and this spouse may
be a beneficiary in the HR and health care database. This may be
true even in jurisdictions that do not usually permit same-sex
marriages.
If I suspect a job candidate is transgender, can I ask?
Issue: It is unlawful to ask a job candidate their race or their
gender. When interviewing a transgender candidate, you may
suspect that he or she may be transgender. If the initial
interview occurs over the telephone, you will only hear the candidate's
voice and not see the person: this may lead you to suspect the person
is of a different gender than their name would imply. (For
example, a post-operative transgender woman may sound like a man over
the telephone.)
When checking on the background of a job candidate,
a name with a different gender comes up. What should I do?
Issue: Transgender job candidates who have already transitioned and
changed their name may have worked, gone to school, or established
credit in their old name. It is possible that a background check,
or a call to a reference, may be met with a person who knew the
candidate under the old name. If your employment application
requests previous names the candidate worked under, a transgender
candidate may feel unsafe disclosing their old name.
A transgender worker asks me to be a reference, and
wants me to use a differet name than the name I knew him as.
Should I?
Issue: A coworker may be asked to give a reference for a former
employee who has transitioned or changed name. The name the
coworker knew the employee as may not match the new name expected by
the person checking the reference.
What if a worker tells me he is a cross dresser, but does not want to transition?
Issue: Some transgender workers live as women some of the time and as
men some of the time, in effect cross dressing on a part time
basis. This may be a transsexual who has not yet transitioned to
full time, or a cross dresser who is content with a part time gender
expression. Such workers fear that discovery of their cross
dressing, even when on personal time, may lead to discrimination or
harassment at work.EO Policy
BCP: Include "gender identity or expression" to your EO
nondiscrimination policy.
BCP: Prohibit not only discrimination, but also harassment, in your EO
policy or a comparable document. Ensure that "gender identity or
expression" is included in lists of reasons not to discriminate or
harass workers.
Transition Planning
BCP: Set up a meeting to discuss the workers need to transition.
Include the appropriate HR generalist, possibly the Director of
Diversity*, and the worker's
immediate manager. (If the worker is not yet comfortable
including his or her manager, have a first meeting just with HR.)
[* The Director of Diversity refers to a manager in HR whose
responsibilities are focussed primarily on Diversity, or to the person
most centrally responsible for Diversity in the enterprise.]
BCP: The worker must decide whether, and when, to transition on the
job. The employer will be as supportive as possible, including
planning, time for medical
appointments, and discussion of issues and potential solutions.
The worker will be given as much time as he or she feels is necessary
to decide whether or when to transition. Only when the worker
makes the decision to transition will plans be
made for the transition.
BCP: When a transition is requested, the transition will be
planned. HR, the workers immediate manager, the worker, and any
other stake holders may be involved in the transition planning.
The plan might address
BCP: Some workplaces consider a gender transition to be "no big
deal." In such workplaces, a gender transition may be as simple
as the manager agreeing to the transition, and updating computer and HR
records on the day of the transition.
Anonymous Contact
BCP: Assure the worker that company policy forbids discrimination for
gender identity or expression, and that their will be no repercussions
if the employee comes directly to you or to HR. If you are not in
HR, contact the Director of Diversity to discuss the situation.
The Director will suggest that the worker contact the Director
directly. Give the Director's email address and telephone number
to the anonymous worker, and urge the worker to contact either the
Director or yourself to confidentially discuss the employees transition.
Confidentiality
BCP: The transgender status of a worker is considered confidential, and
may not be disclosed without consent of the worker, or by court order.
Communication to Coworkers
BCP: Approximately 2-3 weeks in advance of the transition date, a
written announcement is sent by a high ranking manager to all workers
reporting to that manager. The announcement should come from the
highest level manager whom employees know well enough to relate to, who
is ideally based in the same location as the transgender worker and/or
the majority of coworkers. (This person will be referred to here
as the "GM".) The announcement should inform all
workers of the change, the workers new name, and the date of the
change. It should affirm company policy supporting the
transition, and show strong support from the GM for the worker.
It should state that, effective on the specified
date, the employee should be treated in all aspects as a woman (or, if
transitioning from female to male, as a man.) The new
announcement should make a point of using the pronouns appropriate to
the new gender, as in "Please welcome her as you would any other
woman." Depending on the wishes of the transgender worker, it may
be appropriate to offer the workers willingness to answer coworkers
questions, as in "If you have any questions about her upcoming
gender transition, please feel free to ask Ms. Smith." It may be
appropriate to stress the workers skills, experience, and continued
ability to do his/her job.
BCP: Approximately 2-3 weeks in advance of the transition date, hold a
meeting of all workers in the area. (This may be part of a
regularly scheduled department meeting.) In this meeting, the GM
will make the announcement. The
announcement should cover the same information in the BCP above.
Give the transgender worker the choice of whether to be present at this
meeting.
Education for Coworkers
BCP: Lead by example. Use the new name and pronouns in all
official and unofficial communication. Make it clear that the
transition is "no big deal" and that work will continue as before.
BCP: Host a "Transgender 101" education workshop for HR, for
management, and/or for coworkers. Contact a local transgender
educator, consultant, or therapist to locate a suitable workshop
presenter. The workshop should run 1-3 hours (90-120 minutes is a
good length) and be held in person. This may be part of the
department meeting in which the announcement is made, or it may occur
shortly thereafter. The workshop should occur before the
transition date.
Relocation
BCP: Ensure that the worker's current work environment is sufficiently
supportive that relocation is not necessary.
BCP: If the worker prefers to relocate, facilitate this relocation to
the extent permitted by business needs. Relocation may be either
a transfer to another location in the same city, or may involve
relocation to a new residence address, depending upon the
situation. Treat this relocation as you would any other
business related relocation.
BCP: If the worker relocates, take care to preserve
confidentiality. Only the workers new immediate manager need know
of the workers transgender status.
Time off for Medical Treatment
Many of these treatments can occur in the evening or using existing
sick-leave or disability policies.
In some cases, the existing policies may not be flexible enough.
BCP: Provide sufficient flexibility to meet the workers needs for
appointments. These may be treated as sick leave, or by using
flex-time, the worker may make up time as needed.
BCP: Where possible, after laser treatments, permit the worker to work
from home for a few days after each treatment, while the face heals.
BCP: Time off for surgical procedures is treated the same as other
scheduled medically necessary procedures.
Dress Codes
Since the medical processes take time, there may be some elements of
gradual transition in their appearance. For example, when
piercing ears, the starter studs must be kept in place for 6 weeks,
which may be noticed when a male-to-female worker has not yet
transitioned. A worker who has not yet completed
electrolysis may have visible facial hair at times.
BCP: Allow enough flexibility in the dress code to accommodate
transition from one gender to the other.
BCP: Revise the dress code to avoid sex-specific requirements.
Sample Policy: "A transitioning employee's attire should remain
professionally appropriate to the office in which they work and the job
they hold. The same dress codes and rules for behavior apply to
transgender as to other employees. If, as a manager, you are
concerned about the appearance your transgender employee will present
when she or he starts coming to work in the other gender role, ask for
a picture of her or him in professional attire. If you still have
concerns, these should be addressed with your employee. If she or
he dresses or behaves inappropriately, this issue should be dealt with
the same way it would be with any other employee." [AMR]
Restroom Access
Few localities have laws governing restroom access. Legal
case law supports the employer's right to designate restroom use, even
if employees cannot agree. For example, an employer may designate
that a transgender worker uses the new restroom, and a coworker who
objects may be accommodated by designating a different restroom for the
objecting coworker. [Cruzan vs Davis, 2002, federal appeals
court, Minnesota.]
BCP: Transgender employees should use the restroom matching the gender
currently presented. ("The Principle of Least Astonishment.")
BCP: When a transgender employee transitions, s/he will begin to use
the restroom matching his/her new gender, effective on the day of
transition.
BCP: If a coworker objects the the transgender worker's use of the new
restroom, HR and management should make a strong statement of support
for
both the transgender worker and the coworker to use the restroom
without interference.
Sample Policy: "Individuals
are to use the restroom facilities corresponding to the gender in
which they are presenting." [Avaya]
Locker Room Access
In general, locker room situations are best handled on a case-by-case
basis. Solutions should be safe, convenient, and dignified for
all
workers.
BCP: Individual showers and changing areas provide privacy to
each worker when changing.
BCP: Certain times of day are designated for use of the locker room by
the transgender worker.
BCP: The transgender worker will use a separate locker room, such as a
management room.
Name Change
BCP: Update all visible references to the employee's name (especially
e-mail, photo ID, and workplace signs) on the day of transition.
Update all references, including HR, company directory, and business
cards, as soon after transition as practical. Any remaining
references to the old name must be updated immediately after the legal
name change.
BCP: If company policy requires visibility of the full legal name,
consider revising the policy. Many employees are known by
nicknames and are difficult to find by their full legal name.
BCP: If your workplace permits the use of nicknames, treat the
worker's new name as a nickname temporarily, until the legal name
change is complete.
Gender Marker Change
BCP: Change the transgender worker's gender marker in HR and related
databases as soon as possible after transition. In no case may
the old gender marker remain after completion of sex reassignment
surgery.
Benefits
BCP: Medically necessary procedures, consistent with the Harry Benjamin
Standards of Care (http://www.hbigda.org/)
should be covered on company designed
medical, mental health, and pharmacy plans,
at a comparable level to coverage for similar procedures for other workers.
Marital Status
BCP: Permit designation of a lawful spouse, of either sex, as
beneficiary and on company health plans.
Interviewing
BCP: If the candidate volunteers this information, you may discuss
it. Otherwise, you should refrain from discussing it or from
forming opinions based on this assumption.
BCP: Company policy forbids discrimination based on gender identity or
expression. Whether or not the candidate is a man, a woman, or is
transgender, the candidate must be evaluated on qualifications and
ability to do the job.
Background Checks
BCP: If the history can only be located under the old name, recognize
that company policy forbids discrimination based on gender identity or
expression, and that the use of a different name occurs for many
reasons. Treat the candidate exactly as you would any other
candidate whose name is an exact, or similar, match. If there is
any question as to whether the person located is the same person, use
SSN to verify identity, or confirm with the candidate that the other
name is the same person.
References for former employees
BCP: If a former coworker asks you to give a reference, and explains
that they have transitioned and have a new name, do not disclose the
coworker's transgender status or old name. Use the new name and
new pronouns when giving the reference. If asked if the coworker
used the old name, you may confirm the old name.
Day of Transition Checklist
See the Transgender at Work checklist at http://www.tgender.net/taw/tggl/checklist.html
Cross Dressing
BCP: Cross dressing off the job is not related to a workers job
performance. A person who cross dresses off the job may feel safe
if his or her employer's EO policy prohibits discrimination or
harassment based on gender identity or expression. (Usually the
"gender expression" part is applicable to part time cross dressing.)
BCP: A worker who wishes to cross dress part time on the job is
different from a worker who needs to transition on a full time
basis. Requests for part time cross dressing on the job should be
addressed on a case-by-case basis. These requests are rare and
are often a step toward a full time transition.
This page Copyright (c) 2005 by Transgender at Work. All rights reserved.