Workplace Gender Identity And Transition Guidelines
Workplace Gender Identity and Transition GuidelinesOut & Equal Workplace Advocates is committedto creating workplaces where we, as lesbian,gay, bisexual and transgender employees, canbring our authentic selves to work every day.The transgender community is a vital partof OUR community. We are Lesbian, we areGay, we are Bisexual, we are Transgender,and we are Ally. 20 years we have fought fortrans-inclusive federal protections, advocatedfor global transgender equality, and workedin close partnership with the Fortune 1000 toensure workplaces are fully inclusive oftransgender employees.Still there are great disparities in workplace equality that disproportionately affect the transgendercommunity and Out & Equal takes seriously the task of advocating for transgender inclusion in the workplace and around the world. The Workplace Gender Identity and Transition Guidelines emerged fromoverwhelming requests from our corporate partners asking for assistance. Fortune 1000 companies reachedout to us wanting to fully understand how to best support their transgender employees and coworkers.I am proud of the Guidelines we’re presenting here and confident that they will foster more inclusivepolicies and more welcoming workplaces for everyone in the LGBT community.I’d like to thank the many people who shared their time, thoughts and talents in creating this guide. Theyinclude the Out & Equal Transgender Advisory Committee—especially Jenna Cook, Debbie Drew & Lori Fox,the Out & Equal Community Relations team and the many others who reviewed, edited and provided input.Thank you for all the work you do, making a difference and changing the world, one cubicle and oneworkplace at a time.Selisse BerryChief Executive OfficerOut & Equal Workplace Advocates
Table of »»»Executive Summary.4Introduction.7Objectives.8The Role of Senior Management.9Company Policies. 10 Non-Discrimination No Retaliation Health Benefits Right to Privacy Leave & Time OffConsideration of an Employee’s Expectations.11 Employee Expectations Employer Expectations Mental Health Medical HealthTransition Planning. 13 Notification of Transition Transition Planning Considerations Changing IdentificationGuidelines for Management & Human Resources. 14 Considerations of Confidentiality Initial Conversation Addressing Concerns of Co-workers Gender Fluidity, Pronouns, and Name ChangesAppearance, Customer & Supplier Contact, Restrooms. 17 Company expectations Customer & Supplier Contact Employees Restroom Access Health InsuranceReferences. 19Additional Resources.20 Internal Resources External Resources Recommended Trainings Other BooksAppendices. 21 Definitions Job-Related Planning for a Gender Transition List of medically necessary procedures for Transgender Employees
The Workplace Gender Identity and Transition GuidelinesEXECUTIVE SUMMARYIntroductionCompany PoliciesThe 21st Century workplace in Corporate America hasseen a dramatic shift in recent years with respect tothe diversity of its employees and of the candidates itseeks to recruit. The creation of an inclusive businessatmosphere can influence how a younger generation ofworkers perceives a company and exemplifies what theyvalue in a competitive market place. The term diversityitself has undergone a broadening of meaning. Once a“code word” for women and minorities in the workforce,or applied to personal aspects such as “race, religion,or creed,” we now know and expect diversity to include“gender, sexual orientation, gender identity and genderexpression.” Each and every day, more companies arerecognizing the value of creating and maintaining aninclusive workplace that respects and celebrates theindividuality of its employees and their contributions tothe success of the enterprise.Employees are always expected to conduct themselvesconsistent with company policies and mission statementif there is one. The company’s Equal EmploymentOpportunity (EEO) policy should include gender identityand expression. Discrimination or any other inappropriatebehavior directed against anyone because of theirgender identity or gender expression is prohibited. Inaddition to company policies, Title VII of the 1964 CivilRights Act specifies that it is unlawful to discriminatebased on sex and the Equal Employment OpportunitiesCommission (EEOC) has concluded that “sex” includesgender identity, gender expression or sex stereotyping.The protection of Title VII ‘extends to claims of discrimination based on an individual’s gender which includestheir transgender status’ (Title VII Memo 14-1429; 18 Dec2014). Your workplace philosophy should be consistentwith these principles so that all employees are treatedfairly and with respect.Despite this very positive trend, many companies continue to struggle with taking that next step: adoptingpolicy and procedures that support these dimensionsof diversity. This is never more apparent than when atransgender or gender-diverse employee decides to liveas their authentic self and begins a gender transition inthe workplace or when a job applicant discloses they aretransgender or gender-diverse.Guideline ObjectivesThe Workplace Gender Identity and Transition Guidelines (WGITG) provide information for supporting anemployee through a gender transition, or establishingan environment where non-binary gender expressionsare not an issue. The WGITG advise the transitioningemployee, their co-workers, managers andbusiness-based Human Resources partners of their rolesin the process. The WGITG are meant to be flexible enoughto support customizing a transition plan specific to thecircumstances of a transitioning or gender-diverse employee, but also specific enough to provide a consistentframework for managing the transition process.4Workplace Gender Identity and Transition GuidelinesTransition PlanningJust as with any major life changing event, it isrecommended that the employee have support throughout their transition. Medical protocols should look tothe World Professional Association Transgender HealthStandards of Care (WPATH SOC) Version 7 (or the mostrecent version) for guidance. This document is availableat http://www.wpath.org.Companies are urged to develop a confidentialtransitioning ”project plan” detailing what needs tobe done in preparation for the employee’s eventualgender transition. In consultation with the transitioningemployee, management will need to consider who willbe confidentially informed about the decision and whomay be part of the support and advocacy networkfor the employee while at work. Persons to considerinclude: the employee’s manager (or another memberof that employee’s management chain), a memberof business-based Human Resources, an EmployeeAssistance Plan resource, a trusted member of thecompany LGBTQ employee resource group (ERG), arepresentative from the Office of Diversity & Inclusion,
the Gender Transition Liaison (if that role is appointed) or other already-transitioned employees within thecompany. There is no ‘best’ method of transitioning so itis important that all parties involved use an adaptive process regarding the transition plan, adjusting and revisingthe plan as each individual transition progresses to ensure the best possible outcome.If the employee is in a role where they havecontact with external customers or suppliers, thetransition plan and communication strategy shouldinclude developing a message and timing foradvising these external individuals. It may be helpful to include a statement of the Company non-discrimination policies within that messaging.Appearance, Customer& Supplier Contact, RestroomsAccess issues related to restrooms and othergender-segregated facilities (e.g., locker rooms) will behandled with sensitivity. The company has the obligationto provide transitioning and non-gender conformingemployees with the same level of facilities accessavailable to other employees. Transgender and gendernon-conforming employees will be permitted to use thefacilities that correspond to their gender identity and expression.The company has the right to regulate employeeappearance and behavior in the workplace for reasonablebusiness purposes. A transgender employee is permittedto dress consistently with their gender identity and isrequired to comply with the same standard of dress andappearance that applies to all other employees in theirworkplace and similar position. The decision as to if orwhen and how, to begin a transition socially remains theemployee’s choice. It should be noted that transitioningor gender non-conforming employees do not need tochange their legal documents in order to present as theirdesired gender in the workplace, to change their nameat work or their email, etc. If the employee does changetheir name, name (and pronoun) changes should behonored in all contexts. However, payroll is linked to theemployee’s Social Security Number for tax purposes, andthe employee should change their name with the SocialSecurity Administration and their financial institutionbefore payroll changes take place.Each and every day, morecompanies are recognizingthe value of creating andmaintaining an inclusiveworkplace that respects andcelebrates the individualityof its employees and theircontributions to the successof the enterprise.Guidelines for Management &Human ResourcesCompany support is critical for an employee who informsyou of their intention to transition or is in the process oftransitioning. The actions of management will play a keyrole in the successful outcome of the overall transition inthe workplace. A lack of knowledge about transgenderand gender non-conforming issues has the potentialfor creating misunderstanding and tension in the workplace. It is important that management demonstratethe behavior that all employees will be expected to follow. Any negative concerns that co-workers may haveshould be addressed swiftly by Human Resources andmanagement.To learn more about the transgender experience, pleaseconsult the additional resources section listed towardsthe end of this document and/or Out & Equal’s Training andProfessional Development program. Human Resourcesshould provide advice and assistance for supervisorsworking with a gender-diverse or transitioning employeeand should be responsible for establishing the initialconversation and planning. Partners with HumanResources should contact them if you have any questionsOut & Equal Workplace Advocates5
or concerns. If established, members of the company’sLGBTQ ERG may also be able to assist.Human Resources may be the first point of contactwith an employee who has indicated that they wish totransition within the company. The human resource staffshould be key leaders in working with and developinga suitable transition plan based on the employee’sexpectations and the company’s ability to adequatelydevelop a communication strategy based on the overallplan. A qualified transition team leader, a member of HRor Diversity & Inclusion (D&I) leader, should be appointedto facilitate and work directly with the gender-diverse ortransitioning employee.The HR or D&I leader will also help to facilitate knowledgeabout health insurance coverage, medical leave,Employee Assistance Program (EAP) counseling, name,email, and document (tax, ID, badging, and securityclearances) revisions as appropriate that will need totake place throughout the company or with third partyproviders. It is important that IT be part of the overallplanning from an early stage to ensure that all neededrevisions to company’s IT infrastructure are completed bya specific date to be determined with the employee aspart of the individualized transition plan.SummaryTransgender and gender-diverse employees have theright to be who they are, openly, just like everyone else,which includes expressing their gender identity withoutfear of adverse consequences in the workplace. Similarly,the company has the right to expect that employees andsupport the needs of the business to function smoothly.This document advocates the use of a well-developed transition plan based on mutual respect for the transitioning orgender-diverse employee, their co-workers, customers,business partners and management. Such a plan, helpsall affected parties in the workplace sphere successfullynavigate the change and contributes to the company’sability to diminish or eliminate workflow disruptions.The WGITG is a living document and may be revised aslegal or procedural advancements occur. Please adviseyour HR and D&I staff to check the Out & Equal Workplace Advocates website periodically to ensure the latestversion of these guidelines are in use at your company.6Workplace Gender Identity and Transition GuidelinesRace, ethnicity, sexualorientation, gender professionals in today’sevolving workforce are morediverse than ever. Butoftentimes, they look at ourmore traditional leadershiproles and don’t see peoplewho necessarily look, act, orthink like themselves. Toattract the top talentthroughout the profession,we need to create a nurturingand open environment wherepeople can be themselves andbring their perspectives,experiences and uniquestrengths. By fostering aninclusive environment we willcontinue to attract, developand retain the best peopleand will make a powerfulimpact on them, our clientsand our profession.Deborah DeHaas, Chief Inclusion Officer, Deloitte
INTRODUCTIONThe 21st Century workplace in Corporate Americahas seen a dramatic shift in recent years with respectto the diversity of its employees and of the candidatesit seeks to recruit. What is also evident is that the termdiversity itself has undergone a broadening of meaning.Once a “code word” for women and minorities in the workplace and applied to personal aspects such as “religion,race or creed,” we now know and expect it to include“gender, sexual orientation, gender identity and gender expression.” Each and every day, more companiesare recognizing the value of creating and maintaining aworkplace that respects and celebrates the individualityof its employees and their contributions to the success ofthe enterprise.Despite this very positive trend, many companiescontinue to struggle with next steps: adopting policy andprocedures that support these dimensions of diversity.This is never more apparent than when a transgenderor gender-diverse employee has decided to live as theirauthentic self and begins a gender transition in theworkplace or when a job applicant discloses they aretransgender or gender-diverse. For many companies,developing a set of guidelines that navigates the company and the individual through a workplace transition withdignity, respect and ease can be a daunting task indeed.As a result, you may have come to these Guidelines forone of the following reasons:»» You are a Human Resources or Diversity & Inclusionprofessional and have a transgender or genderdiverse employee(s) who has expressed their needto transition on the job, or you have a transgenderor gender-diverse employee(s) that has alreadytransitioned and whom you wish to ensure is beingfully supported in the workplace; including the appropriate coverage from the company’s healthcare andbenefit plans.»» You are a leader in your LGBTQ Employee ResourceGroup (ERG) working to position your company asmore inclusive in order to meet the latest set ofrequirements from the Human Rights Campaign (HRC)Corporate Equality Index (CEI) and be recognized asone of the premier workplaces for LGBTQ-identifiedindividuals. You and your ERG work with yourcompany’s senior leadership team on the businesscase that illustrates how a fully inclusive workplacebest positions the company to attract, recruit andretain the best and brightest individuals from an everdiversifying universe of talent.»» You are a transgender or gender-diverse employeewho is planning to transition in your workplace andyou are searching for resources to help guide youand your employer through the process so that youcan successfully transition and continue to be avaluable asset to your employer—and have a policyand set of procedures in place for those that followyou.Regardless of who you are and what brought you to thisdocument, it is the goal of the Transgender AdvisoryCommittee of Out & Equal Workplace Advocates tocomprehensively guide you through the process of a workplace transition and in so doing create workplaces, onecompany at a time, that are more open and inclusive oftransgender and gender-diverse talent.The Committee, made up of transgender men and womeneach with their own personal and workplace transitionstories, fully recognizes that every transition is a deeplypersonal—and an individual—process. We also understand,on a very visceral level, that when someone transitionsthey do not do so alone, whether it is inside or outsidethe workplace.What you are about to read represents the sum total ofour experience with our employers, other companies andour collective learning from our years of involvement inthe workplace equality movement. It is our sincere hopethat this document provides a comprehensive pathwayto success for you and your company. Since the WGITGis a living document, and may be revised as legal orprocedural advancements occur, please check the Out &Equal Workplace Advocates website to ensure the latestversion of these guidelines are in use at your company.We wish you much success!The Members of the Transgender Advisory CommitteeOut & Equal Workplace AdvocatesOut & Equal Workplace Advocates7
GUIDELINE OBJECTIVESThe Workplace Gender Identity and Transition Guidelines(WGITG) provide information for supporting an employeethrough a gender transition or establishing an environmentwhere non-binary gender expressions are not an issue. TheWGITG advises the transitioning employee’s co-workers,managers and business-based Human Resources partnerof their roles, responsibilities and expectations in the process. The WGITG is meant to be flexible enough to supportcustomizing a transition plan specific to the circumstances ofa transitioning or gender-diverse employee, yet also specific enough to provide a consistent framework for managingthe transition process. If you are unfamiliar with the terminology surrounding a gender transition it may be helpfulto first refer to Appendix A: Definitions, before reading thebalance of the WGITG.8Workplace Gender Identity and Transition Guidelines
GENDER TRANSITION IN THE WORKPLACE:AN EXTREMELY PERSONAL DECISIONFor many lesbian, gay, bisexual, transgender, queer orgender-diverse (LGBTQ) employees, “coming out” to coworkers or a manager is a very personal decision basedon that individual’s comfort level. However, employeesplanning a gender transition while in the workplace haveno
with these principles so that all employees are treated fairly and with respect. Transition Planning Just as with any major life changing event, it is recommended that the employee have support through-out their transition. Medical protocols should look to the World Professional Association Transgender Health
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accessible and diverse gender information. It is one of a family of knowledge services based at IDS . Other recent publications in the Cutting Edge Pack series: Gender and Care, 2009 Gender and Indicators, 2007 Gender and Sexuality, 2007 Gender and Trade, 2006 Gender and Migration, 2005 Gender and ICTs, 2004 . 6.3.1 Gender mainstreaming .
GENDER IDENTITY 2006 – first legal definition of “gender identity” Gender identity has been mentioned for years in key documents of key international organizations, such as the European Parliament resolution on homophobia in Europe (18.01.2006)7 or in the
w w w . w e l c o m i n g s c h o o l s . o r g GENDER SNOWPERSON: UNDERSTANDING GENDER IDENTITY SUGGESTED GRADE LEVEL: 3 –8 LENGTH OF TIME: 45 minutes GOALS To explore the concepts of gender identity and gender expression with stud
Natal or biologic gender Brain, hormones, body parts assigning male/female gender, usually at birth Gender identity Person's basic sense of being male or female, especially as experienced in self-awareness and behavior Gender expression Ways in which a person acts, presents self & communicates gender within a given culture
These youth often experience a sense of urgency around affirming their gender identity. For some, gender identity is an area of active exploration and fluidity. These youth may fluctuate in how they define, and how strongly they emphasize, their gender identity.
Brief 1.Gender and countering transnational organized crime and trafficking Brief 2.Gender and countering corruption Brief 3.Gender and terrorism prevention Brief 4.Gender and justice Brief 5.Gender and health and livelihoods Annexes Checklists for gender mainstreaming
only upon women to consider also how masculinities (socially constructed meanings of manhood) underpin gender inequality. Many gender equality advocates are reflecting upon the relationships between gender and sexual orientation, gender identity and gender Image: Ghanaian police officer Ma
