Model Transgender Employment Policy

Model Transgender Employment Policy

Objective 

Our company does not discriminate in any capacity based on sex, sexual direction, sex character, or sex articulation. This approach is intended to make a sheltered and profitable work environment condition for all representatives.

This policy sets forth guidelines to address the needs of transgender and gender non-conforming employees and clarifies how the law should be implemented in situations where questions may arise about how to protect the legal rights or safety of such employees. This policy does not anticipate every situation that might occur with respect to transgender or gender non-conforming employees, and the needs of each transgender or gender non-conforming employee must be assessed on a case-by-case basis. In all cases, the goal is to ensure the safety, comfort, and healthy development of transgender or gender non-conforming employees while maximizing the employee’s workplace integration and minimizing stigmatization of the employee.

Definitions 

The definitions given here are not planned to name any employee but instead to help with understanding this arrangement and the legitimate commitments of the employers.. Employees may or may not use these terms to describe themselves. 

Gender Identity: 

A person’s internal, deeply-felt sense of being male, female, or something other or in-between, regardless of the sex they were assigned at birth. Everyone has a gender identity.

Gender Expression: 

An individual’s characteristics and behaviors (such as appearance, dress, mannerisms, speech patterns, and social interactions) that may be perceived as masculine or feminine.

Transgender: 

An umbrella term that can be used to describe people whose gender identity and/or expression is different from their sex assigned at birth.

• A person whose sex assigned at birth was female but who identifies as male is a transgender man (also known as female-to-male transgender person, or FTM).
• A person whose sex assigned at birth was male but who identifies as female is a transgender woman (also known as male-to-female transgender person, or MTF).
• Some people described by this definition don’t consider themselves transgender - they may use other words, or may identify simply as a man or woman. A person does not need to identify as transgender in order for an employer’s nondiscrimination policies to apply to them.

Gender non-conforming: 

This term describes people who have, or are perceived to have, gender characteristics and/or behaviors that do not conform to traditional or societal expectations. Keep in mind that these expectations can vary across cultures and have changed over time. 

Transition: 

The process of changing one’s gender from the sex assigned at birth to one’s gender identity. There are many different ways to transition. For some people, it is a complex process that takes place over a long period of time, while for others it is a one- or two-step process that happens more quickly. Transition may include “coming out” (telling family, friends, and coworkers); changing the name and/or sex on legal documents; and, for many transgender people, accessing medical treatment such as hormones and surgery.

Sexual orientation: 

A person’s physical or emotional attraction to people of the same and/or other gender. Straight, gay, and bisexual are some ways to describe sexual orientation. It is important to note that sexual orientation is distinct from gender identity and expression. Transgender people can be gay, lesbian, bisexual, or straight, just like non-transgender people.

LGBT: 

A common abbreviation that refers to the lesbian, gay, bisexual, and transgender community

Specific Policies

1. Transgender employees have the right to discuss their gender identity or expression openly, or to keep that information private. 
2. The transgender employee gets to decide when, with whom, and how much to share their private information.
3. Information about an employee’s transgender status (such as the sex they were assigned at birth) can constitute confidential medical information under privacy laws like Right to Privacy under Article 21 of the Constitution of India.
4. Management, human resources staff, or coworkers should not disclose information that may reveal an employee’s transgender status or gender non-conforming presentation to others. That kind of personal or confidential information may only be shared with the transgender employee’s consent and with coworkers who truly need to know to do their jobs.

Official Records 

The company shall change an employee’s official record to reflect a change in name or gender upon request from the employee. Certain types of records, like those relating to payroll and retirement accounts, may require a legal name change before the person’s name can be changed. Most records, however, can be changed to reflect a person’s preferred name without proof of a legal name change. 

A transgender employee has the right to be addressed by the name and pronoun corresponding to the employee’s gender identity. Official records will also be changed to reflect the employee’s new name and gender upon the employee’s request. 

As quickly as possible, we will make every effort to update any photographs at the transitioning employee’s workplace so the transitioning employee’s gender identity and expression are represented accurately. 

If a new or transitioning employee has questions about company records or ID documents, the employee should contact ____________.

Names/ Pronouns 

1. An employee has the right to be addressed by the name and pronoun that correspond to the employee’s gender identity, upon request. 
2. A court-ordered name or gender change is not required. 
3. The intentional or persistent refusal to respect an employee’s gender identity (for example, intentionally referring to the employee by a name or pronoun that does not correspond to the employee’s gender identity) can constitute harassment and is a violation of this policy.
4. If anyone is unsure what pronoun a transitioning coworker might prefer, one can politely ask his/her coworker how they would like to be addressed. 

Transitioning on the Job

Employees who transition on the job can expect the support of management and HR.

HR shall work with each transitioning employee individually to ensure a successful workplace transition. Insert specific guidelines appropriate to your organizational structure here, making sure they address:

1. Who is charged with helping a transitioning employee manage his/her workplace transition, 
2. What a transitioning employee can expect from management,
3. What management’s expectations are for staff, transitioning employees, and any existing lesbian, gay, bisexual, transgender (LGBT) employee resource group in facilitating a successful workplace transition, and
4. What the general procedure is for implementing transition-related workplace changes, such as adjusting personnel and administrative records, and developing an individualized communication plan to share the news with coworkers and clients. 

Sex-segregated job assignments 

For sex-segregated jobs, transgender employees will be classified and assigned in a manner consistent with their gender identity, not their sex assigned at birth.

Restroom Accessibility 

1. Employees shall have access to the restroom corresponding to their gender identity. 
2. Any employee who has a need or desire for increased privacy, regardless of the underlying reason, will be provided access to a single-stall restroom, when available. No employee, however, shall be required to use such a restroom. 
3. All employees have a right to safe and appropriate restroom facilities, including the right to use a restroom that corresponds to the employee’s gender identity, regardless of the employee’s sex assigned at birth. That is, transgender women must be permitted to use the women’s restroom, and transgender men must be permitted to use the men’s restroom. That decision should be left to the transgender employee to determine the most appropriate and safest option for them.
4. Some employees – transgender or non-transgender – may desire additional privacy. Where possible, an employer will make available a unisex single-stall restroom that can be used by any employee who has a need for increased privacy, regardless of the underlying reason. For example, if any employee does not want to share a multi-person restroom with a transgender coworker, they can make use of this kind of option, if available.

Dress Codes

The company shall not have dress codes that restrict employees’ clothing or appearance on the basis of gender. Transgender and gender non-conforming employees have the right to comply with company dress codes in a manner consistent with their gender identity or gender expression. 

Discrimination/ Harassment

1. It is unlawful and violates company policy to discriminate in any way (including, but not limited to, failure to hire, failure to promote, or unlawful termination) against an employee because of the employee’s actual or perceived gender identity. 
2. Additionally it also is unlawful and contrary to this policy to retaliate against any person objecting to, or supporting enforcement of legal protections against, gender identity discrimination in employment. 
3. The company is committed to creating a safe work environment for transgender and gender non-conforming employees. 
4. Any incident of discrimination, harassment, or violence based on gender identity or expression will be given immediate and effective attention, including, but not limited to, investigating the incident, taking suitable corrective action, and providing employees and staff with appropriate resources.