Articles and News

Brentwood, TN—When Caitlyn Jenner introduced herself as a woman on the cover of Vanity Fair magazine (left) and accepted the Arthur Ashe Courage Award at the ESPY Awards in July, it brought the subject of transgender inidividuals front and center for employers as well as the public. Legal guidelines are now in place to protect transgender employees from harassment and discrimination. Here is some information:

An article in HR Daily Advisor says employers are obligated to ensure that all employees are protected from illegal harassment and discrimination. The Equal Employment Opportunity Commission (EEOC) says employment discrimination based on an individual’s gender identity, change of sex, and/or transgender status is a form of sex discrimination that violates Title VII of the Civil Rights Act. Almost all public and private sector employees and job applicants at companies of 15 or more employees are covered under Title VII.

According to article, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued guidance that workplace policies regarding use of bathrooms and gender-specific dress codes must be nondiscriminatory. Unisex bathrooms that all employees share are legal and nondiscriminatory, but designating a specific bathroom for transgender employees to use is not.

Dress codes also must be nondiscriminatory, says the article. Employees going through transition to another gender are generally required to live and dress according to their new gender, and the dress code that applies to that gender must apply to them as well.

Names and pronouns are important, says HR Daily Advisor, an online newsletter for human resource professionals. While it may be difficult to adjust at first, especially if the transgender employee has worked there a long time under his or her former name, it is essential for all colleagues to use the new name and the appropriate gender pronouns in any conversations with or referring to the individual. All employee records also must reflect the name change.

HR Daily Advisor suggests 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, but 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.

Read more here and here for advice about appropriate nondiscrimination policies and how to address issues such as confidentiality, support, and concerns of other employees.