Q: We recently hired a transgender worker. As an employer, how do I accommodate this person?
A: Historically, federal protections on the basis of gender identity or expression were nonexistent, says Beck Bailey, deputy director of employee engagement at the Human Rights Campaign Foundation. That only began to change in 2013 with a court decision that found discrimination against a transgender person on the basis of gender identity or expression is a form of sex discrimination under the Civil Rights Act. Since then, other court cases, decisions and memos have been issued clarifying workplace guidelines.
A four-page guide on restrooms from the Occupational Safety and Health Administration issued in June and the HRC Foundation both advise that, while gender-neutral, single-stall facilities are a good option, transgender employees must be allowed to use the restroom that matches their gender identity.
“The guiding principal is self-determination and the understanding that in the workplace we’re all adults, we know where to be, we all value privacy, we all know how to behave,” Bailey says.
Uniforms are another consideration. Bailey says companies might consider uniforms in all the same style, but with different cuts to accommodate for body type.
Education, too, is a key step—for employers and employees. Bailey recommends bringing in a professional from a group like the HRC Foundation, Out & Equal Workplace Advocates or a local group to address concerns and teach staffers, including management and any security personnel, about trans issues.