by Stephen Bruce, PhD, PHR
Tuesday, July 14th, 2015 - HR Daily Advisor
In yesterdayfs
Advisor, BLR® Legal Editor Jasmin Rojas,
JD, used gKeeping Up with the Kardashiansh star gCaitlynh (formerly Bruce)
Jennerfs recent reintroduction of herself as a transwoman as a jumping-off point
for a discussion of transgender discrimination. In todayfs Advisor,
Rojas offers practical tips for employers.
Whatfs in a Name?
Remember, names and pronouns are important. It may be difficult to adjust at
first, to a new name reflecting a new gender, especially if you have known the
employee for a while. However, intentionally misusing a transgender employeefs
new name and pronouns and making references to the former gender will provide
evidence of discrimination or harassment. It can also breach the employeefs
privacy, create a risk of harm to the employee, and undermine the notions of
tolerance and respect at your workplace.
A well-known celebrity set off a social media landmine by insisting that he
will continue to call Jenner by her former name gBruce.h In response,
#CallMeCaitlyn spread like wildfire in support of Jenner. Obviously, you want to
avoid this type of negativity in the workplace.
Proceed with Caution
Whatfs really important here is that you train your managers, supervisors,
and coworkers about using the name and pronouns appropriate to the employeefs
new gender. Also, you must change all of the employeefs records and
identification documents to reflect the new gender. And, remember that employees
can legally change their names or genders on records and identification
documents without obtaining a court order
A key question HR needs to consider is when to start regarding a
transitioning employee as being officially a member of his or her chosen, new
gender. There is no single means of defining a personfs legal gender, and there
is no official point in time when a transgender person changes from one gender
to the other.
It is suggested that as a practical approach, until a transgender person
begins working in his or her new gender role, the person should be considered a
member of his or her original sex and should be treated the same as other
members of that sex. Once the employee begins to present himself or herself in
the new gender role at work, the employee should be considered and treated as a
member of the new sex.
As fascinating as the topic may be, an employeefs gender transition should be
treated with the same confidentiality and sensitivity with which you treat any
other employeefs significant life experiences, such as hospitalization or
divorce. That being said, although many employees want to be supportive of an
individual in transition, others may be offended by the idea of transition.
You want to ease the transition for the employee and the company in general.
Therefore, when an employee comes forward to say he or she will undergo
transition, HR should speak with the employee in depth about the transition
process. HR should figure out what the employeefs plans are. Subsequently, HR
should organize a meeting with the employeefs supervisors to give them
information about the process and to review the companyfs policy and
procedures.
The employee should be informed that, while the company will protect his or
her privacy and confidentiality, other employees who will have regular contact
with the transitioning employee will need at least basic information about the
individualfs plans, along with a reminder about company policy, expected
behavior, and how to deal with any concerns they might have.
While the transitioning employee can have some input into this meeting,
ideally, it is recommended that the initial meeting be held without the
employee. This meeting also provides senior management with the opportunity to
send a strong message of support for the transitioning employee.
Navigating an employeefs gender transition and dealing with transgendered
issues in general can be complicated. Failure to follow the law can result in
costly lawsuits. 2014 saw over 88,000 employment related lawsuits.
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