Transgender
Inclusion in the Workplace
The
workforce is an ever-changing environment that provides opportunities and
challenges for employers. As of January 1, 2004, California added gender identity to its
nondiscrimination policy in regards to employment and housing. (Gov. Code –
12940.) This law protects transgender employees from discrimination. For
purposes of FEHA the term "sex" shall include a persons gender as that term is defined in the Penal Code
hate crimes statute. "Gender" for purposes of the hate crimes
statute includes a person's "identity, appearance, or behavior whether
or not that identity, appearance or behavior is different from that
traditionally associated with the person's sex at birth." It also
covers the "perception" of a person's identity, appearance or
behavior.
Many
people are unfamiliar and uncomfortable with transgender identity. Due to
this lack of understanding, many people who identify as transgender, or
have a gender identity that varies from societal norms, have been fired from
jobs, harassed, discriminated against, and even killed. The transgender
community has become increasingly visible and active, and the issues that
many of them face have been brought to the forefront. Given the recent
changes to the law and the increasing social activism, it is important for
all of employers to become aware of and educate themselves about issues
that face transgender people.
The
definition of transgender encompasses several components. Sheri Atkinson,
Director of the Lesbian, Gay, Bisexual, Transgender
Resource Center
at the University of California, Davis,
states "Transgender is an umbrella term that means a person's
biological sex (male or female) does not match their gender (man or woman).
Under that umbrella term is transsexual, which is defined as someone who
has chosen to change their body, either through taking hormones or having
sex reassignment surgery (SRS), to make their physical body match their
gender identity. Transvestite is a term that is often synonymous with
cross-dresser, however it is an outdated word and
rarely used. When used it often refers to heterosexual men who
cross-dress."
Transgender
describes someone's gender identity, which is separate from sexual
orientation. Because the terms lesbian, gay, bisexual, transgender (LGBT)
are often included together, the difference between sexual orientation and
gender identity are often confused. "A person's sexual orientation is
defined by whom one is attracted to physically, emotionally, spiritually,
intellectually, and so on. Gender identity includes whether someone
identifies as a woman, man, or somewhere in between," Atkinson
explains. More and more people are expressing a gender identity that does
not conform to the rigid roles and expectations that have been prevalent in
our society. Because stereotypes about Gay, Lesbian, and Bisexual people
say that a masculine woman is a lesbian or a feminine man is gay, gender
identity and sexual orientation have incorrectly become synonymous.
Transgender
individuals recount that making the decision to transition from either male
to female or female to male is important and difficult. These individuals
have chosen to make this transition knowing that their community may not
understand. It impacts every aspect of their lives, including the
workplace. An employee may go to an employer to let them know they plan to
transition and may need some temporary or long term accommodations.
Atkinson states, "As an employer, the best approach is to listen to
the needs of the employee and work with them to meet their requests as best
as possible."
Some
individuals identify as transgender choose not to alter their body for a
variety of reasons. They may simply not feel it is necessary to do so, or,
in many cases, cannot afford to do so. Regardless, it is important to honor
the individual's identity. Out of respect, employers should recognize the
gender identity that an individual chooses, rather than basing it on what
you think it should be.
Atkinson
states "For example, if someone who is transgender identifies as he,
many people will continue to address the individual with the feminine
pronouns if they feel the person appears to be a woman or if they believe
the individual has not had surgery. It is not appropriate to ask if they
have had surgery, thus implying they are not really a "man"
unless they have. Furthermore, asking anyone about a medical condition or
surgery is a personal and private topic, and it is the same for a
transgender person. The best rule is to use the gender pronouns that the
individual prefers. You can take cues from the individual themselves or
those around them. If you are not sure, ask. Most people prefer and
appreciate you asking rather than assuming and using the incorrect
pronouns."
Gender
can be expressed through a wide variety of ways including but not limited
to: clothes, mannerisms, attitudes and behaviors. Atkinson states that
"with the lines of gender becoming increasingly blurred, we are faced
with evaluating how our workplaces may or may not create an environment for
individuals to express their true gender identity." With the inclusion
of gender identity in California's
state nondiscrimination policies for employment and housing, employers can
no longer allow a lack of understanding to restrict access to jobs and
housing for transgender people.
What
does transgender inclusion in the state's nondiscrimination policy mean for
the workplace? Most simply put it means employers cannot fire or refuse to
hire or to promote, individuals for having and/or expressing a gender
identity different from their biological sex. Employers need to ensure a
nondiscriminatory environment for transgender employees so that they can
efficiently and successfully complete their duties. This can include
trainings for every employee, including upper level management.
The
Lesbian, Gay, Bisexual, Transgender
Resource Center
at the University of California, Davis
is a valuable source of information. The Center is open to the public and
includes a library of over 1,000 books related to LGBT topics. Other
resources include: brochures, information about upcoming events, and
informed staff members who can assist employers in finding the resources
for which they are looking.
Employers
should collaborate with organizations that provide training in this area.
Sheri Atkinson offers trainings on campus and for companies and businesses.
This includes a general Safe Zone program that educates and raises
awareness around LGBT issues and one that specifically focuses on making
the work environment safe and welcoming for transgender people. She is also
available to design a training that meets the specific needs of the
employer. She can be contacted at 530-752-2452 or slatkinson@ucdavis.edu.
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