518-373-4111
Transgender issues in the workplace is a hot topic right now, as more equal rights are being created for individuals who identify as a different gender. If an employee who is generally recognized as a male discloses to you that she is transgender and is asking to be addressed as female, what is the best way to approach this matter with her co-workers?
We recommend that you affirm the employee’s right to express her gender freely and without discrimination. This includes using the correct pronouns and a new proper name, if she’s chosen one.
As to how to inform everyone at your organization that they should address this employee as female, the steps and timing of transitioning vary, so consult with the employee on what specific information she would like shared with her colleagues. You should also ask her whether she’d like her email and other company profiles updated. Don’t ask her for unnecessary details, but allow her to share what she wants. While you won’t be able to change legal documents (e.g., form I-9) unless she legally changes her name, you can change her name on non-legal documents if she requests it.
Transgender individuals are often the victims of workplace harassment, so it is essential to stress your commitment to equal employment and related protections. You might also want to remind employees about your prohibitions on harassment, relevant company policies, equal employment opportunity, and expected behavior.
Regarding restroom use, transgender employees should be allowed to choose the safest and most appropriate option for themselves. Medical or legal documentation of an employee’s gender identity, such as proof of surgeries, should not be required. Remember that not all transgender people undergo a medical transition. Co-workers who have personal concerns should be invited to have an honest discussion with management or an HR representative.
Ensuring fair and equal treatment will help make transgender employees feel valued and build trust in your organization.
For more information on how GTM keep clients up to date with employment laws and advice, contact us at (518) 373-4111.
