General
What are we dealing with here?
Transsexualism is a treatable medical condition in which
a person's sense of core-gender (sometimes called
'brain-sex') does not correspond with their apparent
physical-gender.
What does this involve for my employee?
Your employee will have been diagnosed by an experienced
medical practitioner. They will most likely begin their
transition by having hormone therapy under the guidance of a
medical professional. Testosterone therapy with will begin
to masculinise his appearance. He will develop facial and
body hair, his voice will deepen and his musculature will
increase. This process takes six months to a year.
While not all people chose to have surgery most men will
undergo chest reconstructive surgery to create a contoured
male chest. The extent of time off work varies according to
the needs of the individual and the type of work he is
engaged in. Time off for recovery may range from two to four
weeks. It is unlawful to dismiss an individual from work
because of impending medical treatment.
While some people are willing to discuss the details of
their transition openly with fellow employees, most people
prefer to keep their personal medical details private. Don't
ask specific details about surgical procedures unless
invited to do so. It is illegal for employers to breach the
privacy of any employee. The right to disclose or discuss
one's medical history is always the prerogative of the
individual.
What should an employer do when first notified?
Gender transition is a generally stressful process. The
perceived reaction of work colleagues is one of the more
stressful aspects. Whoever the employee choses to talk to in
the first instance should reassure him that the company
and/or employer will be as supportive as possible.
How can we make the transition as smooth as
possible?
The next step is to arrange a meeting with the employee
and their supervisor or manager to have a more detailed
discussion and agree on a plan for handling the transition
in the workplace.
What should happen at this meeting?
Ideally, the employer (usually the employee's supervisor
or manager) and the employee, will write an action plan
together to manage the work related aspects of the
transition.
I had a one-on-one meeting with him to
discuss the way he wanted it handled. We then held small
immediate team meetings (groups of four) and discussed it
with HR to resource material and information. We then
briefed all the managers and gave information sheets to
the teams. The meetings gave an opportunity for workers
to raise concerns and have them answered. We then
timetabled an action plan ie. using male toilets and
locker-rooms, name change etc. Only a few limited issues
and concerns were raised. These issues never eventuated
and the transition is going well.
- Employer, South Australia
Issues to be decided at the meeting should include:
- Anticipated date of change of name and other personal
details;
- Agreements regarding use of toilet facilities and
standards of dress and grooming (if different for male
employees);
- How the employee wishes to inform the workplace,
fellow employees or clients;
- The expected timeframe and anticipated time off work
for medical or surgical procedures
- As with all meetings between employer and employee,
notes made are confidential and must be kept with the
employee's personnel file. Once the employee has
completed the workplace transition, these records within
the personnel file must removed and destroyed.
Will medical treatment impact my employee's work
schedule?
Your employee in transition will undergo a number of
medical procedures. Discussion with the employee can
identify what time off they will need. Time off for surgical
procedures must be treated the same as other medically
necessary procedures.
Administrative
My employee has started using a different name now.
Should we update our records?
Yes. This should be treated like any other name change.
The employee's administrative records must be updated on the
appointed day of transition. Update all visible references
to the employee's name, such as any e-mail, photo IDs,
workplace name tags, computer accounts, and admin
records.
Should we change the "F" to an "M" in our records?
Employment databases that include a sex marker (M or F)
must be corrected to M. Legally, the old sex marker must not
remain after completion of sex affirmation surgery.
What happens at the point of 'transition' at work?
In reality, transition is a dynamic process taking place
over many months, if not years. The changes are both
physical and social. However for the purposes of work
transition takes place on a specific day. The 'Transition
Date' is the day the employee intends to commence work as a
male. Before that day all staff should have been notified of
the impending changes and all other administrative and
logistical changes ready to be implemented.
Dress code/Uniform
How do I enforce the dress code?
The employee's attire should remain professionally
appropriate to the section in which he works and the tasks
he performs. The transitioning employee is subject to the
same dress codes and standards of conduct as other male
employees. If applicable, the employee should also be
provided with a new locker in the relevant area.
Recruitment and selection
I've been asked to be a referee for someone I used to
know as a female under another name. What should I do?
If you're providing a reference for someone who has
transitioned to male you must not disclose their old name or
their former gender. Use their new name and male pronouns.
If you are asked directly whether the person used to be
known by another name, you can only confirm the old name,
not volunteer it.
If I suspect a job candidate is transsexual or
transgender, can I ask?
Never. This is against the law. If the candidate
volunteers this information, you can discuss it. Regardless
of the candidate's gender presentation, they must only be
evaluated on their qualifications and ability to do the
job.
When checking on the background of a job candidate, a
name indicating a different gender comes up. What should I
do?
Like anyone who has changed their name for any reason
(for example, through marriage, divorce or sex affirmation
treatment), people can have a work or study history in
another name. If you need to clarify qualifications you can
ask the candidate if he was ever known by another name.
Toilet/Locker Room
Facilities
Which toilet should my employee use?
Your employee should use the toilet facilities
corresponding to his gender presentation, just like anyone
else. Once medical treatment has commenced, it will be
inappropriate for him to continue using the women's toilet.
Since toilet facilities are usually fitted with private
stalls, privacy is not normally an issue. As he becomes
increasingly masculinised any issues relating to the use of
the men's facilities should disappear.
We have a locker room. What should we do?
It would be very extremely uncomfortable for a
pre-operative employee to disrobe in the presence of other
employees. Any solution needs to ensure a safe, convenient,
and dignified outcome for all employees. Locker room
situations are best handled on a case-by-case basis. The
genuine of concerns of all staff need to be addressed by
finding respectful and workable solutions.
Workplace management
Should we consider the transition of this employee a
confidential matter?
Most men who undergo transition usually consider this
process to be a private personal matter.
When an employee is transitioning in the workplace other
employees need to be aware of a) the process in advance, b)
management's stance on the issue, and c) what is expected of
them. This will dispel any possible misunderstandings and
rumour, discourage inappropriate behaviour from fellow
employees, and prevent possible harassment or discrimination
towards the employee concerned.
My original desire was to do the talking
myself and address what I felt needed addressing. However
the HR department gave my team leader the advice that as
this was a management/HR issue, and that she should be
the one to do the announcement. I wasn't sure about this
at the time but now I really appreciate it. Unless I want
to chat about it, it's not a subject for discussion. I
actually don't know if anyone had any "issues" over it,
and I'm really comfortable not knowing. It means I don't
feel tentative working with these people.
- Justin
The actual workplace disclosure must be agreed upon
between the transitioning employee and management.
Should we transfer a transitioning employee to a new
location?
A transfer is not the ideal solution for the employer,
the employee or his co-workers. It is better to resolve any
issues with facilities or other employees in the current
work environment. Shifting the employee in these
circumstances tends to create an atmosphere of shame and
suspicion. Keeping the process hidden from co-workers is
likely to fuel the rumour mill and lead to further workplace
disruption.
If the employee is afraid of the reaction of colleagues,
then reassure him. A common response when an employee tells
his co-workers of his decision to transition is often 'well,
that makes sense to me!' or 'I wondered when you were going
to do that'. Employees, in general, will be guided by the
reaction of management. If the employer approaches the issue
openly and honestly then adverse reaction from other staff
will be minimal.
In all instances, be guided by the wishes of the employee
involved. In cases where the employee in transition wishes
to be relocated, then any such relocation should be treated
as any other business related transfer.
How should we inform fellow employees?
Informing other employees about their colleague's
changing role is the most critical task for management.
Offering an informational meeting is helpful in most work
situations.
Current best practice is to agree on a 'Transition Date'
for the workplace. It has proven useful for the employee to
take a short period of leave from work, before returning to
the workplace in their new gender role. This period of
absence is often used as an opportunity to brief workmates
of the impending name change, the gradual change in
appearance, and the use of male toilets and change
rooms.
"...everyone at work had a chance to talk
about it while he was gone, to get it out of their
systems and have the novelty wear off. When he returned
to work he dressed a bit differently, had his hair cut
shorter and was using his new name. It was a clean break
- he literally told everyone, then walked out the door on
holidays. This was all coordinated with management and
coincided with his legal name change."
It is important that you, as the employer lead by
example. Use the new name and pronouns in all official and
unofficial communication. Make it clear that the transition
is 'no big deal' and that work will continue as usual.
Is there anything fellow employees can do to make the
transition easier?
All staff should use the employee's new name and use
appropriate pronouns ('he', 'him', 'his'). In the early days
it is only natural that people will occasionally get mixed
up. Employers must also be aware of the genuine concerns
that members of staff may have and resolve any issues
quickly.
Unfortunately, no matter how much preparation is made and
support given, there may still be people who do not
understand the situation or refuse to acknowledge the
employee's change in status. It is advisable to discuss the
situation with the transitioning employee and agree
informally how he would prefer any such issues to be
managed.
What can I do to help co-workers adjust?
When an employee transitions on the job, colleagues need
to be aware of the change, preferably some time in advance.
Disclosure to fellow employees must be negotiated and agreed
upon with the employee. If the employee prefers to do this
himself, then the employer will simply need to be aware when
the disclosure is to take place in order to provide
appropriate support.
Management should make a clear statement supporting the
right of the employee to maintain employment and emphasise
their commitment to a workplace where all employees are
valued and respected. This statement must be reinforced
through action. Management needs to demonstrate its
commitment by dealing with the transitioning employee
appropriately at all times and by disciplining those
employees who harass or intimidate him.
It is natural that co-workers will have some concerns and
questions. Make sure these are answered factually,
reinforcing the company's equity policy. While it is natural
people will be curious about the actual process, questions
of a personal nature are not appropriate unless the employee
specifically offers to answer such questions. Their right to
personal privacy must be respected by both management and
colleagues.
How will our clients react?
Many employees have transitioned comfortably in
workplaces where they interact face-to-face with the public.
Their transition is rarely an issue with customers and
clients. In the rare event that a customer does make a
complaint it should be dealt with according to the company's
established complaints procedures. In reality most customers
don't even notice.
As an engraver, I work in one of those little
Mr Minit-type kiosks in the middle of the centre, in a
fish-bowl, on display all day. I never told any of the
customers specifically. If they guessed, they guessed.
Otherwise, who really cares? As long as I can engrave,
there's no issue.
- Reid, Queensland
How should we handle religious objections or similar
workplace concerns?
Workplace policies are about ensuring workplace fairness,
not about changing beliefs.
When one of the employees did cause problems
for me, the matter was officially handled by the HR
section of the company. This person was not "punished"
for his actions, but rather was moved to another section
to be separate from me for a period of time. I later
joined his section and due to the way the matter was
handled, we were able to form a good working
relationship.
- Andrew G, Queensland
Some people will inevitably be offended or challenged by
anything new in the workplace. Employers who support their
employee's decision to transition, and deal with the matter
in a non-sensational way have found that, after a day or
two, the novelty wears off and the workplace routine returns
to normal.
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