Transgender Workplace Diversity

    • Moderator
    • 2127 posts
    April 19, 2013 7:09 PM BST
    Hi gang, can I pick your brains for a moment? I'm interested in knowing more about TG diversity in the workplace. Do you think that most employers haven't got a clue about this? If so, what is it that they're getting wrong and how can we help?

    Also, please tell me if your country has any laws in place that force employers to respect transgendered people.

    Thanks, Katie
    • Moderator
    • 2358 posts
    April 19, 2013 7:32 PM BST

    Dr. Stephen Whittle

    Based on

    a survey conducted in late 2000, the report states that the great majority of respondents did not feel that, aside from any difficulties created for them by other people at work, their transition had, at the time or currently, made them less able to do their jobs. Yet, the report shows that many transsexual employees were still subjected to:


    • verbal abuse and even physical violence perpetrated by other employees, as well as by customers, clients or suppliers
    • discrimination in recruitment, promotion, remuneration, benefits and other factors
    Many of the transsexual employees who had recently commenced transition had been forced to leave their

    jobs either by their employers or because of the resultant conditions at work.
     
    In the UK we have laws to protect peoples rights, anti discrimination laws. very hard to prove a case... Even harder to prove is being rejected for employment.
     
    http://gendersociety.com/forums/topic/7991/discrimination-against-gender-va
     
    http://gendersociety.com/forums/topic/8850/parliamentary-forum-on-gender-id
     
    http://gendersociety.com/forums/topic/7664/2004-to-equality-act-2010/view/post_id/64607

    This post was edited by Cristine Jennifer Shye. BL at April 19, 2013 8:09 PM BST
    • 114 posts
    April 19, 2013 8:33 PM BST
    my employers certainly have a respect and dignity policy which has clauses particularly representative of those who wish to..or have changed Gender. i know of one girl who has succesfully transitioned and seems to be having no issues.....

    my employers are part civil service answerable to the scottish executive.
    • 143 posts
    April 19, 2013 11:19 PM BST
    In America there are no overriding laws to protect TGs at all. It is entirely up to the employer to be accepting or not. This regional laws and rules with no direct laws makes it very difficult, if not nearly impossible. There are many public occupations such as teaching that would almost never accept a TG. There are some, like Google and Microsoft that have policies that are open and accepting, however. Perhaps there is a need to have a uniform message and voice - international in scope and range to help present these ideas along with harassment and the like to the public. Making the message one that shows all of us as people with the same needs and wants as all others - to be judged for our capabilities and values - would be a great thing.
    • 41 posts
    April 20, 2013 1:48 AM BST
    Washington state has no laws that I know of,other than federal ones.But I'd not wear skirt and heels to do my job anyway.
    • 0 posts
    April 20, 2013 10:38 AM BST

    In Australia, discrimination per se  is illegal. Whether it is based upon; race, religion, sex, sexual identification or marital status, discrimination in all its forms is both unacceptable and intolerable.

    Of course, it is much easier to be from a particular race or ethnic group, follow a certain religion, be male or female, be single or married than it is to be transsexual. I don't know of anyone who openly identifies themselves as Bisexual but if they choose to be, Gays and Lesbians are highly visible in the work place.

     

    Of course, this is a cursory reply and if I get a chance I will make a more considered response. My apologies, but I just can't get my hands on what I want for the time being.

     

    Chalice         

  • April 20, 2013 8:33 PM BST

    A while back, I transitioned at work.  The company I worked for was very supportive.  For that matter, I was told by several other employees that my co-workers were told to accept me or lose their jobs.  I know others who transitioned working for this same employer and they've told me the same thing.

     

    But, there was no corporate support in terms of educating co-workers.  Other employees tolerated me. By tolerating I mean that didn't want to lose their job, so they put up with me.  It took about 3 months before I really started to notice co-workers avoiding me.  I ate lunch alone.  I was a technical lead and my input was no longer sought.  I was left off mailing lists.  And on and on.  My choices were to find another job within the company or find another job outside the company.  

     

    Bottom line, while the company supported diversity at the corporate level and made sure employees were not harassed, they did nothing to educate employees.

    • 0 posts
    April 20, 2013 9:03 PM BST

    Cristine, Shye (GS Admin) said:

    The Rights of Transgender People in Washington State
    This brochure is designed to help transgender persons understand their legal rights in Washington State. This brochure is not meant to provide legal advice. The current legal system assumes individuals either identify as one gender, male or female. While this guide provides an understanding of the current legal system, the American Civil Liberties Union (ACLU) recognizes that many people do not identify as male or female. In fact, a transgender individual may identify with a specific gender, both genders or neither gender.
    April 2012 
    Discrimination & Harassment
     Are there laws that clearly prohibit discrimination against transgender people?
    Yes. The Washington Law Against Discrimination (WLAD) protects people from discrimination based on gender expression or actual or perceived gender identity in these areas:
    • places of public accommodation (i.e., places that serve the public), including restaurants, hotels, and public schools;
    • housing, including the renting, buying, and selling of homes;
    • employment, specifically in state, municipal, and private workplaces with eight or more employees;
    • the extension of credit;
    • and insurance transactions.

    Washington law also protects against violence, threats, and bullying motivated by a victim’s gender expression or identity

    Do laws that prohibit sex discrimination protect transgender people?
    Yes. The U.S. Ninth Circuit Court of Appeals – whose jurisdiction includes Washington – has made clear that transgender persons are protected from sexual harassment and discrimination based on their gender expression or identity under the federal Title VII law and other sex discrimination statutes, including the WLAD. And, recently the U.S.
    Department of Housing and Urban Development (HUD) indicated that a property manager’s discrimination against a person on the basis of such person’s gender expression or identity may constitute illegal discrimination on the basis of sex under the Fair Housing Act, though courts have yet to rule on this
    More information available here:

     

    What a great document, Cristine. It shows the status quo of a very progressive American State. This document would be very useful for showcasing what can be done and advancing what still needs to be done. You are clever.  

     
    <3
    Chalice 

     


    This post was edited by Former Member at April 21, 2013 6:17 AM BST
    • Moderator
    • 2358 posts
    April 20, 2013 9:22 PM BST

    Tell you what chalice, why don't you find stuff out instead of re-posting the whole piece. your a bit quick of the mark when I am in the process of editing it.  I find your comments offensive and nit picking so have deleted my post and left you to it


    This post was edited by Cristine Jennifer Shye. BL at April 20, 2013 9:26 PM BST
    • 0 posts
    April 20, 2013 9:42 PM BST
    Cristine, Shye (GS Admin) said:

    Tell you what Chalice, why don't you find stuff out instead of re-posting the whole piece. You're a bit quick off the mark when I am in the process of editing it.  I find your comments offensive and nit picking so I have deleted my post and left you to it.

    I only went to fix the link and thought I might tidy up while I was there.

    Just trying to help. Sorry.

     

     

     

    • 0 posts
    April 20, 2013 10:31 PM BST

    Transgender Law Centre

    Making Authentic Lives Possible.

    Employment Non-Discrimination Laws

    There appears to be three categories of protection for LGBT persons in the USA. The first category is inclusive and affords protections to LGBT. The second category is less pervasive and excludes Transgender persons. The last category excludes LGBT.

    Employment non-discrimination law covers sexual orientation and gender identity (16 states + D.C.)

    Employment non-discrimination law covers only sexual orientation, but federal law prohibits discrimination against transgender and gender non-conforming people (see note) (5 states)

    No employment non-discrimination law covering sexual orientation or gender identity, but federal law prohibits discrimination against transgender and gender non-conforming people (see note) (29 states) 

    Note: A 2012 ruling by the federal Equal Employment Opportunity Commission extends Title VII's prohibition on sex discrimination to prohibit discrimination against transgender and gender non-conforming people.

    Percent of LGBT Population Covered by Laws 

    In these percentages there is quite clearly an intersection between States accepting sexual orientation and those accepting gender identity so that they still add up to 100%

    39% of LGBT population live in states prohibiting employment discrimination based on sexual orientation and gender identity.

    48% of LGBT population live in states prohibiting employment discrimination based on sexual orientation

    52% of LGBT population live in states that do not prohibit employment discrimination based on sexual orientation and gender identity

     

    adapted from;

    Employment Non-Discrimination Laws, from Equality Maps, in Issues, Transgender Law Centre: Making Authentic Lives Possible. accessed: April 21, 2013.

    http://transgenderlawcenter.org/

     

    To my mind, what this example of the Equality Laws in the USA shows is that sexual orientation is still considered a subset of human sexuality and transgender is being used as a further subcategory of sexual identity to the neglect of social cohesion and economic stability. In other words, a false dichotomy and artificial division in human sexuality is being employed instead of taking the evident spectrum or continuum in sexual identity and profiting from those human resources.

    Thanks to Robin B for the linky

    #Cristine, are you happy now?  You know! You only had to ask.

    <3

    Chalice


    This post was edited by Former Member at April 21, 2013 2:32 AM BST
    • 41 posts
    April 21, 2013 5:22 AM BST
    Thank You Cristine,for the link. Quite interesting.But I'm not sure if many people here in Washington realize it even exists.
    Hugs,Jan
    • 41 posts
    April 21, 2013 5:27 AM BST
    Small issue,showed up error 404. Site not found.Cristine,I'd be very gratefull if you could send me the link ,please? Hugs,Jan
    • 0 posts
    April 21, 2013 6:23 AM BST

    jan jefferies said:
    Small issue, showed up error 404.  Site not found. Cristine, I'd be very gratefull if you could send me the link, please? Hugs, Jan

    The link was working: try this The Rights of Transgender People in Washington State

     

    Its a team effort, unofficially. lol

    I am so dead!  ;-)

     

    CB 

     

    • Moderator
    • 2358 posts
    April 21, 2013 6:46 AM BST

    http://aclu-wa.org/docs/rights-transgender-people-washington-state

     

    Jan, it works for me, but click this link above and then the link on the ACLU site.

     

    The Rights of Transgender People in Washington State

    ACLU of Washington
    This is the website of the American Civil Liberties Union of Washington and the ACLU of Washington Foundation.
    Learn more about these two components of the ACLU of Washington..

     

    Transgender guide revise5.12.2.3.pdf

    Topics:

    Page 3

     

    This post was edited by Cristine Jennifer Shye. BL at April 21, 2013 6:51 AM BST
    • 41 posts
    April 21, 2013 7:43 AM BST
    That worked.Thank you Cristine!Rather interesting.I've had no issues,but I do know some who have. seems police do not know the law.
    • Moderator
    • 2127 posts
    April 21, 2013 9:15 AM BST
    Thanks for the info girls. Please keep it coming. What about other parts of the world, Australia, New Zealand, Ireland, the UK, other American states. In the US are employment laws created only at a state level or are there any federal laws regarding diversity and employment, which might apply across the board to the whole nation?

    Thanks, Katie x
  • April 21, 2013 1:43 PM BST
    State by State Guide to Laws That Prohibit
     Discrimination Against Transgender People
     
     I. Introduction
     
    Historically, transgender people have faced serious and pervasive discrimination in many aspects of public life, either because their gender identity doesn’t match the sex they were assigned at birth, or because they are perceived as failing to conform with stereotypical expectations of sex-appropriate appearance, dress, and behavior. In the past ten years, however, transgender people have been increasingly successful in obtaining legal protections against discrimination at work, at school, in places of public accommodation, and in other areas.

    There is still no federal law that prohibits discrimination based on gender identity in employment or public accommodations, although Congress recently enacted protections against hate crimes based on gender identity.  Furthermore, federal laws that prohibit discrimination based on disability expressly exclude conditions related  to gender identity.

    While federal courts in the 1970s through the 1990s generally denied sex-discrimination claims brought by transgender people, in recent years at least three federal circuit
    courts of appeal – the First, Sixth, and Ninth Circuits – as well as a number of federal district courts have held that transgender or gender non-conforming people are protected under federal sex-discrimination laws such as Title VII.
     
     At the state level, however, fifteen states and the District of Columbia have passed laws that offer explicit protections for transgender people.
    This publication is a guide to those state laws that expressly prohibit discrimination based on transgender status, gender identity or gender expression.How Statutes Define Transgender Status
     
    States have used three general approaches to provide protection against discrimination for transgender people:
    In Iowa, Maryland, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, and the District of Columbia, the non-discrim ination statutes explicitly
    include “gender identity” as a protected characteristic.
    In Colorado, Illinois, Minnesota, Maine, Oregon, Washington the non-discrimination laws prohibit discrimination based on sexual orientation, and include gender identity or expression within the statutory definition of sexual orientation.
    California offers protection to transgender people by including gender identity or expression within the statutory definition of sex for purposes of its non- discrimination laws. Hawaii similarly prohibits discrimination based on “sex, including gender identity or expression.”
     
    Employment
     
    Twelve states (California, Colorado, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington) and the District of Columbia
    prohibit discrimination against transgender people inemployment. These laws protect employees and job applicants from harassment, demotion, dismissal, or other unfair
    employment practices based on the person’s transgender status or gender nonconformity. In some cases, these laws can help ensure that a transgender person
    can use the restroom consistent with his or her gender while at work. Many employment non-discrimination statutes prohibit employers or potential employers from
    requesting information about an employee or applicant’s transgender status, and most laws protect against retaliation for opposing discriminatory practices.
    Employment non-discrimination statutes often include labor organizations and unions, and three states (California, Vermont and Washington) include expressly include labor
    practices as a separate category of business activity subject to non-discrimination laws.
    These laws protect transgender employees who wish to participate in union activities, such as joining organized unions. Effectively, laws against discrimination in union
    activities ensure that transgender people have equal access
    to the bargaining power, increased pay, and better benefits that can come with union membership.
     
    Read the whole lot @ Cristines link from the US forum
     
    http://www.nclrights.org/site/DocServer/StateLawsThatProhibitDiscriminationAgainstTransPeople.pdf?docID=7821
     
     

    This post was edited by Former Member at April 21, 2013 2:00 PM BST
    • 2017 posts
    June 29, 2013 2:10 PM BST

    This is interesting but I would also be interested to hear about the personal stories. How did you manager your own transitions in the workplace. It's all very well to know the law and the employment rights of TG people but this does not always mean that there are no issues for those girls. I'm sure some have transitioned at work easily, and others have lost their jobs over it. Others are finding it very difficult to gain employment because of their being TG. 

     

    So, what's your story?

     

    Nikki