Operator question: We recently hired a transgender employee. As an employer, how do I appropriately accommodate this employee, from locker rooms to preparing my current staff?
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 that 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—including a four-page guide on restrooms from the Occupational Safety and Health Administration in June.
OSHA and the HRC both advise that, while gender-neutral, single-stall restrooms are a good option, it’s important to allow transgender employees to use the restroom that corresponds to 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. “If [anyone] is somehow acting inappropriately, that should be cause for concern … but otherwise you should focus on the behavior and not individual belief systems about people’s gender and gender expression.”
Inside those single-gender restrooms and locker rooms, Bailey says employers should consider providing increased privacy, including stalls with floor-to-ceiling partitions or changing areas with curtains. But those spaces should be for all employees—including nontransgender people who want more privacy. “There are lots of reasons why someone might appreciate that,” he says.
Uniforms are another consideration. In the kitchen where chef coats often are de rigueur, it may be less of an issue. Elsewhere, 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 both employers and employees. Bailey recommends bringing in a professional from a group like the HRC, Out & Equal or a local organization to address concerns and teach staffers about trans issues, including management and any security personnel. But a different scenario may present itself in a residential community—do seniors need a lesson in transgender relations at their facilities? Bailey says it’s a case-by-case situation.
“What is the culture of that [community]? Is the person who is trans, do they feel that the clients need training? I think some of those heads-up conversations might be really important around that,” he says. “I think when in doubt, train. … It only helps further the conversation.”
What about current employees who announces they’ll be making a transition in gender?
Bailey suggests plotting out a roadmap now in case issues arise. “It forces a company to think through all of its policies and practices and address them through that lens,” he says.
Employers can find resources by searching “gender transition guidelines” at hrc.org.
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