A two part series by Lynn Lieber, Esq.
As more and more Americans are finding the confidence to “come out” of the proverbial “closet” as their true transgendered selves, American workplaces are finding it necessary to create policies not only for the equal employment of such individuals, but also for the legal protection of the employer.
A Relatively New Trend
Less than a decade ago, no major U.S. corporation had enacted a policy that banned discrimination based on gender identity and expression—how employees are expected to look, act and dress because they are male or female. On September 19, 2006, the Human Rights Campaign (HRC), a Washington-based gay rights advocacy group, released a report showing that a record number of the largest U.S. companies are increasingly competing to expand benefits and protections for their GLBT employees—a number which has grown tenfold in the last four years.
What responsibility do employers have to GLBT employees in the workplace?
Employers have an increasing legal liability, but also have a moral and social obligation. Many GLBT employees have been ostracized from the corporate world, choosing to work at non-profits or social service organizations where they are more readily accepted. A large and growing segment of the U.S. population is GLBT and employers need to have workforces that accommodate all employees and reflect the composition of their customer base.
Would employers be wise to conduct some sort of sensitivity training with employees?
Many are saying yes. GLBT and GI&E (gender identity & expression) are the final frontiers in the workplace in terms of mis-conception and ignorance. Employers should provide communication and diversity training regarding transgender issues in the workplace comparable to their other policy announcements and training initiatives. If an organization provides training regarding sexual or unlawful harassment and diversity, GLBT and GI&E should be included. More specific training should be provided for board members or employees and managers who work with GLBT employees, especially those who are transitioning.
What should a workplace policy cover in regards to GLBT employees?
Employer’s equal employment opportunity and anti-harassment policies should be updated to include “sexual orientation” and “GI&E” as protected classifications. This sends a strong, positive message that all employees, including GLBT employees, are respected, valued and protected in the workplace. Employers should also create gender-neutral dress codes to prevent sexual stereotyping and uniformly enforce such codes except where to do so would create a safety issue.
Additional Tips for Managing GLBT in the Workplace:
Teach Correct Terminology.
Use of correct terminology is very important when working with GLBT employees.
--An individual who is “transgender” should be referred to as “a trangender person” or “transgender,” but not “a transgender.”
--“Transvestite” is a derogatory term that commonly refers to a transgender or transsexual person.
--“Intersex” individuals are often incorrectly termed as “hermaphrodites”—also a derogatory word.
Intersex is a condition where an individual is born with external genitalia or an internal reproductive system that is not considered “standard” for either male or female. In these situations, doctors usually “assign” the person a gender (usually at birth) and might reinforce the assignment with hormones. Individuals who feel their gender was wrongly assigned are often withdrawn, depressed and sometimes
suicidal.
Establish Transition Guidelines.
Many workplace issues can arise regarding a transitioning employee that can be alleviated with straightforward procedures and education.
Some issues that should be addressed are:
--Who in the organization is responsible for handling workplace issues regarding the transitioning employee?
--What is the timetable regarding the workplace transition?
--What workplace changes need to occur and by what date(s)?
--What adjustments to personnel and administrative records are required and when?
--What will be communicated to coworkers and third parties regarding the transition?
Next time we'll look at specifics regarding GLBT Policies.
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About Lynn Lieber: Lynn D. Lieber, Esq. is a seasoned employment law attorney and a nationally recognized spokeswoman on harassment and discrimination law. Lieber is also founder and CEO of Workplace Answers -- www.workplaceanswers.com/Default.aspx -- a San Francisco-based provider of Web-based legal compliance education. Her areas of expertise include:
· Employment law and how changes affect businesses
· Unlawful harassment prevention
· Protected categories under Title VII (Civil Rights Act)
· Sexual harassment prevention
· California’s AB 1825 legislation
· Workplace violence prevention
· Workforce management
· Sarbanes-Oxley/Ethics
· Workplace diversity and related business strategies
· Employment leave laws
· HR policy acceptance
· Legal compliance education
