gender identity & expression in the workplace:
DESCRIPTION
GENDER IDENTITY & EXPRESSION IN THE WORKPLACE: CREATING POLICY AND MAKING PRACTICETRANSCRIPT
Aisha Sanchez,
Associate
Ford and Harrison, LLP
GENDER IDENTITY & EXPRESSION IN THE WORKPLACE:CREATING POLICY AND MAKING PRACTICE
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GENDER IDENTITY & EXPRESSION IN THE WORKPLACE:CREATING POLICY AND MAKING PRACTICE
Aisha Sanchez
Ford Harrison LLP
813.261.7849
Overview:
• Getting a Grip on Proper Terminology
• Recent Cultural and Legal Developments
• Management Tools
• Coworker Tools
• Resources
Sticks and Stones:Mastering Terminology
PHYSICAL SEX(Biological Anatomy)
Male ----------------- INTERSEX ------------- Female
GENDER IDENTITY(Psychological Sense of Self)
Man ----------------- TWO SPIRITS ------------- Woman
GENDER EXPRESSION(External Presentation)
Masculine ---------- ANDROGYNOUS ----------- Feminine
SEXUAL ORIENTATION(Romantic/Erotic Response)
Toward Men ------- TOWARD BOTH/NEITHER
---Toward Women
Source: Association of Corporate Counsel Publication by Christine Michelle Duffy, 2011
Key Terms
Generally Acceptable
• Gender Identity Disorder/Gender Dysphoria
• Transgender• Gender Affirmation• Gender Expression• Surgery• Transition
Generally Unacceptable
• Tranny• He-she; shape-
shifter• Hermaphrodite• Transvestite• Sex change; pre-op;
post-op
Cultural and Legal Developments
Cultural Shifts
Statutory Protections
Source: Mother Jones 2011
Interpretive Protections
Mia Macy
EEOC
Vandy Beth Glenn
11th Circuit
Management Tools
Design Your Winning Game Plan
• Take your organization’s temperature
• Work with what you’ve goto Basic Game Plan – Mitigate Risko Intermediate Game Plan – Add Valueo Aspirational Game Plan – Brand Inclusion
• Track your organization’s results
Basic Game Plan – Mitigate Risk
• What is the law, and does it apply to us?
• Minimal practices:– Revise employee handbook– Have clear and specific complaint procedures– Train your managers– Update orientation presentation– Be knowledgeable about your restrooms,
locker rooms, and other gender-specific areas
Intermediate Game Plan – Add Value
• What is the business case for inclusion?
• Suggested practices:– Examine current personnel practices for cost-
effective and creative solutions– Take a closer look at the medical insurance plan– Adopt written protocol for handling transgender
employment issues– Conduct anonymous employee surveys
Aspirational Game Plan – Embracing Inclusion in Company Culture and Branding
• We get the “business case,” but what about the “people case”?
• Suggested practices:– Set the tone from the top– Be choosy with your outside vendors– Publicly support and engage with the
transgender community– Activate an Employee Resource Group
Tracking Your Results
• Measuring diversity and inclusion
• Compare costs to savings
• Celebrate and share the positives
• Learn from and share the negatives
• Modify as you go
Coworker Tools
What Am “I” Comfortable With?
• What are my personal views about all of this?– Basic Level: Be Professional– Intermediate Level: Support My Co-Worker– Aspirational Level: Be an Ally
• What results are important to me, and how do I track them?
Basic Level: Be Professional
• What are the rules, and how do they affect me and my work?
• Suggested approaches:– Focus on the work objective and the strengths
and contributions of all team members– Avoid workplace gossip– Follow your coworker’s pronoun/name cues– If you are uncomfortable, then say so respectfully
and with an eye toward effective resolution
Intermediate Level: Support My Coworker
• What can I do to help my transgender coworker feel safe, comfortable, and productive at work?
• Suggested approaches:– Respect every person’s inherent sense of “self”– Maintain confidentiality and privacy– Be a respectful liaison to other employees
struggling with accepting transgender coworker– Lead by example
Aspirational Level – Be an Ally
• Transgender inclusion is important to me. How can I communicate that effectively at work?
• Suggested approaches:– Discuss the topic openly and professionally– Avoid “poster-child” syndrome– Support ERGs– Offer creative solutions
Tracking My Results• Have I stayed on task, or has this issue side-
tracked my professional development and success?
• Have I leveraged my personal outlook on this issue to distinguish myself positively and professionally?
• Am I at a point where the “transgender” issue is really a “non-issue” at work?
• Am I satisfied with my work environment?
Resources• Human Rights Campaign: www.hrc.org
– Corporate Equality Index– Employer Resources
• Out & Equal: www.outandequal.org – Employee Resource Group Registry
• Lambda Legal: www.lambdalegal.org – Transgender Toolkits
