HUMAN RESOURCES DEPARTMENT

Transcription

1 NORTHUMBRIA UNIVERSITY HUMAN RESOURCES DEPARTMENT DOCUMENT TITLE DATE OF REVIEW DATE OF IMPACT ASSESSMENT LOCATION OF COPIES TRANSGENDER GUIDELINES FOR MANAGERS AND EMPLOYEES NOVEMBER 2010 NOVEMBER 2008 INTRANET

2 1.0 Our Commitment 1.1 The University is committed to ensuring that transsexual people are treated with dignity and respect and that it does not discriminate unlawfully. This commitment is an important aspect of the overall commitment to providing equal opportunities in employment. 1.2 These guidelines have been developed with support from the recognised Trade Unions and are intended to assist the University to put this commitment into practice and to help the University, transsexual employees and other employees to deal with any practical issues that may arise. 1.3 Striving to ensure that the work environment is free of harassment and bullying and that everyone is treated with dignity and respect is an important aspect of ensuring equal opportunities in employment and the University has a dignity at work policy that deals with these issues which should be read in conjunction with these guidelines. 2.0 Transsexual employees and gender reassignment 2.1 Transsexual people are those who feel a consistent and overwhelming desire to transition and to fulfil their life as a member of the opposite sex. They decide to adopt the opposite gender to that assigned at birth because they do not feel that their true gender identity matches that assigned to them. Gender reassignment is the process of changing to the new gender identity. This may involve surgical treatment but some transsexual people will not undergo surgery for personal reasons, such as age, health, or finance. 2.2 The process of gender reassignment will normally involve a period of at least one year when the transsexual person must live and work in the gender to which he/she is reassigning (the 'real life test') and undergo hormone treatment. If the person decides to undergo surgery, this will follow the real life test. In reality, the real life test can often go beyond one year and is not always followed by immediate surgery. 2.3 There are a variety of terms used when considering the social, medical and legal implications of trans issues and the key terms are outlined in Appendix B. 3.0 The Law 3.1 The Equality Act 2010 covers discrimination, victimisation and harassment on grounds of gender reassignment in employment and protect a person who intends to undergo, is undergoing or has undergone gender reassignment, including those individuals preparing for medical treatment. 3.2 Transsexual people who have undergone gender reassignment and who are at least 18 years of age are able to apply for a Gender Recognition Certificate (GRC) if they have Officially changed their name if necessary Been living full-time in their acquired gender for over two years and intend to do so permanently Been diagnosed as having gender dysphoria. 3.3 The GRC is a legal document and once a full gender recognition certificate has been issued, the person is considered in the eyes of the law to be of the acquired gender. There is no obligation on an individual to apply for a gender recognition certificate and there may be good

3 personal reasons, such as an existing marriage, why someone has not applied for one. 3.4 There are special laws protecting the privacy of someone who has a gender recognition certificate: a person may commit a criminal offence if he/she discloses information about the gender history of someone with a gender recognition certificate without that person's consent. 3.5 It unlawful to treat someone less favourably than other people in relation to employment or vocational training on grounds that he/she intends to undergo, is undergoing or has undergone gender reassignment. The protection applies whether or not the individual has a gender recognition certificate. Harassment or bullying on grounds of gender reassignment is unlawful discrimination. 3.6 There are some limited exceptions where it is lawful to prevent someone doing a job on grounds of gender reassignment, for example where being a man or a woman is a genuine occupational qualification for the job and the employer can show that it is reasonable to prevent the transsexual person from doing the job as a result. The exceptions apply only in rare cases. and do not apply to someone with a gender recognition certificate. 4.0 Recruitment 4.1 A job applicant's gender identity status is irrelevant to the recruitment process, except in the rare circumstances where a genuine occupational qualification applies to the job. If the University is relying on a genuine occupational qualification, it will make this clear in the recruitment material. The University will not ask questions about gender identity status and job applicants are not required to volunteer information about it, unless a genuine occupational qualification makes this relevant. 4.2 If during the recruitment process information is disclosed about a job applicant's gender history, for example because certain documents are in a previous name, the University will keep the applicant's gender history confidential and will not take this into account in the selection process, unless a genuine occupational qualification makes this relevant. The University will assess candidates for employment objectively against the requirements that are necessary for the effective performance of the job. 4.3 If a person gains a GRC, their acquired gender is legally recognised for all purposes. This means that a female-to-male trans man can apply for a job where being male is a genuine occupational qualification. 4.4 If disclosure from the Criminal Records Bureau (CRB) is required as part of the recruitment process, applicants must disclose any previous names and/or gender to the CRB. Transsexual applicants may make use of the special application procedure established by the CRB so that their previous name is not disclosed to the University. 4.5 References for current or former staff who have transitioned must make no reference to the person s former name or gender and must use the appropriate pronoun. Where a reference is received for someone who has previously transitioned, which refers It them by a previous name, should treat that information as confidential. 5.0 Employment 5.1 It will not normally be necessary for the University to be made aware of the gender history of an employee who has undergone gender reassignment. Where the University becomes aware of information relating to an employee's gender history, this information will be kept confidential. Information about an employee's gender history will not be disclosed to a third party without the employee's consent. Any records that the University keeps that relate to an employee's previous gender, for example relevant qualifications in a previous name, will be kept confidential, with only specified staff having access to them. When the University no longer

4 needs to keep those records, they will be destroyed. 5.2 The gender history of an employee with a gender recognition certificate will never be relevant to employment decisions. An employee with a gender recognition certificate will be treated in accordance with his/her acquired gender for all employment benefits including pensions. 6.0 Pensions 6.1 Women born before 1950 can claim their state pension at 60 years. Everyone born after 1955 receives it at 65 years. Pension entitlements relate to a person s legal gender and these change only when a person obtains a GRC. There may be occasion when a person retires earlier than others of their gender because of their legal sex. 6.2 National Insurance records, apart from birth sex, are changed at the time of a name change. People will be referred to by their new gender pronoun by HM Revenue & Customs but they will still be members of their original birth gender for National Insurance purposes unless and until they have a GRC. 6.3 An employee who has undergone gender reassignment but does not have a gender recognition certificate may be required to disclose his/her gender history for pension purposes. This information will be passed only to those people who require it for these purposes and will be kept confidential. 7.0 Privacy and Confidentiality 7.1 Individuals applying for or in receipt of a GRC have extended privacy rights. 7.2 Knowledge about a person s gender recognition is protected information and anyone receiving such knowledge through their official duties and passing it on to a third party without the individuals consent, could face legal action. Official duties include employment and union organisation or representation. Any disclosure would be with the consent of the individual. 7.3 The University will take all practical steps to ensure that all staff are aware of their responsibilities as regards privacy and confidentiality. 8.0 Dealing with transition 8.1 The University will be supportive of any employee who advises of their intention to undergo gender reassignment and will work with him/her to try to ensure as smooth a transition at work as possible. The University recognises that it is essential for employees to have the utmost confidence and an unequivocal faith in the University s commitment to Equality and Diversity to feel comfortable when transitioning. 8.2 An employee wishing to advise of their intention to undertake gender reassignment should in the first instance discuss this with their line manager or a Human Resources Manager. While all such discussions will remain confidential, a line manger may in turn disclose this to a Human Resources Manager as agreed with the employee. The employee may also wish to discuss their situation with their trade union representative. Occupational health and the counselling service will be available for the employee to consult, again in strict confidence. Although occupational health may not have specialist expertise, emotional support can be provided. 8.3 Once the intention to undergo gender reassignment is known to the University, the line manager will agree with the employee an action plan for managing the transition at work. Matters to be addressed may include the following: Timetable of the transition: This will include the date for the announcement to the rest of the

5 department or section and the date when the person intends to make the social change. The meeting may also consider the dates of appointments that the employee has with doctors or specialists, the time when the person intends to start taking hormones and a provisional date for surgery if the employee intends to undertake this. The employees' job: Consideration will be given to whether the employee would like to stay in the same job and location or, if possible, to move post and/or location. In the rare cases where a genuine occupational qualification applies to the post, a change of job may be required and would be handled through the University s agreed Redeployment Procedure. Time off: The employee may require time off for medical or other treatment. This could include surgery, speech therapy, counselling or hormone treatment. Appointments to see specialists may involve long distance travel, so may take all day. Some treatments may have unwanted side effects. It is the case that the individual needs of employees will differ and the actual timescales may vary. It is essential that consideration is given to individual circumstances. Change of social gender: Consideration will be given to: how work colleagues and other relevant parties are to be informed of the change; whether the employee wishes to inform colleagues and other relevant parties of the change or whether someone else from the University should do this; what information or training will be given to managers and work colleagues; the point at which the employee will start to use any single-sex facilities, such as toilets, sports changing and shower facilities in his/her new gender. Dress codes: If there is a dress code applying to the job done by the employee consideration will be given to what, if any, flexibility may be required to accommodate the transition. Records: Consideration will be given to changes to records and systems that may be needed. After gender reassignment has been completed, records relating to the transition will be destroyed. The University will create a new personnel record to ensure confidentiality, this could include library cards, address, web-site references. A plan will be drawn up setting out what has been agreed for the period of transition and thereafter. The implementation of the plan will be reviewed regularly and reassessed at each significant stage of the process. At all stages of the transition process, the utmost confidentiality will be maintained. The detail of what is recorded, where it is to be stored and what is to be disclosed will be discussed and agreed with the employee at every stage. Training for colleagues: Training for colleagues is essential and must be managed expertly and with sensitivity. How and when this is undertaken will be agreed with the employee. Their consent will be obtained regarding the extent of personal information to be given to colleagues. Training for colleagues will also cover the requirements around confidentiality and disclosure and raise awareness of the boundaries of courtesy with regard to transsexuals, for example the use of personal pronouns and acceptable questions to ask.

6 9.0 The day of the new gender role 9.1 Some trans people may wish to go away for a short break and then come back in their new gender. Some may wish to leave as one gender on a Friday and return on a Monday in their new gender. It is essential that on the first day of transition telephone lists, addresses and ID badges are all up to date. 9.2 As part of the continued support and contact the member of staff should meet up with their agreed point of contact. This could be their line manager or the Human Resources Manager. It is important to keep monitoring the situation, both to provide support for the employee and also to allow potential problems to be anticipated or dealt with before they escalate.

7 Appendix A: Corporate Responsibilities Corporate responsibilities to combat discrimination and harassment of trans people in employment are as follows: Governors Governors are responsible for: ensuring that the strategic plan of any education institution includes a commitment to trans equality and equality training on trans issues ensuring their organisation is aware of its corporate responsibilities regarding legislation. Senior management The Vice chancellor and senior management team are responsible for: taking the lead on creating a positive learning and working environment for trans people, including challenging prejudice towards trans people maintaining an awareness of the institution s statutory duties regarding trans people ensuring that all publicity for the University conveys a positive message regarding trans people ensuring that all staff teaching and support staff have access to training on trans issues. Staff Staff are responsible for: maintaining an awareness of the institution s statutory duties regarding trans people being aware that they personally, as well as their employer, are liable if they take part in a discriminatory act challenging any discriminatory behaviour by students and learners, other members of staff, contractors and placement providers. Trade Unions Trade Unions are responsible for: being aware of their legal duty to not discriminate against trans members in the provision of goods, facilities and services representing trans members interests to the institution, collectively and individually ensuring their publicity conveys a positive message regarding trans people training their staff and activists challenging any discriminatory behaviour by their members.

8 Appendix B Glossary of Terms Acquired gender The new gender of a person who has had their gender reassigned and/or legally recognised. It is possible for an individual to transition fully without surgical intervention. FtM Female-to-male transsexual person. A person who is changing/ has changed, gender from female to male. Gender Gender consists of two related aspects: gender identity, which is the person s internal perception and experience of their gender; and gender role or expression, which is the way the person lives in society and interacts with others, based on their gender identity. Gender is less clearly defined than anatomical sex, and does not necessarily represent a simple binary choice: some people have a gender identity that is neither clearly female nor clearly male. The overwhelming majority of the population has a gender that accords with their anatomical sex. It should be noted that, for the purposes of the law, gender is binary people can only be male or female. Gender dysphoria / gender identity disorder The medical term for the condition in which a person has been assigned one gender (usually at birth on the basis of their sex), but identifies as belonging to another gender, or does not conform to the gender role society ascribes to them. Gender dysphoria is not a form of sexual deviancy or a sexual orientation. A person with gender dysphoria or gender identity disorder can experience anxiety, uncertainty or persistently uncomfortable feelings about their birth gender. They may feel that their gender identity is different from their anatomical sex. This, in turn, may lead to a fear of expressing their feelings and a fear of rejection, which may lead to deep anxiety, and to chronic depression and possibly attempted suicide. Sometimes a person with gender dysphoria assumes an identity in the opposite sex. This may involve undergoing hormone and, perhaps, surgical treatment to change their sex physically, although medical treatment is not a prerequisite of transsexualism or of being recognised in the acquired gender. Gender presentation/gender expression While gender identity is subjective and internal to the individual, the presentation of one s self, either through personality or clothing, is what is perceived by others. Typically, trans people seek to make their gender expression or presentation match their gender identity, rather than their birth sex. Gender reassignment/transitioning Gender reassignment is a process that is undertaken for the purpose of reassigning a person s sex by changing physiological or other characteristics of sex, and includes any part of such a process. Gender reassignment or transition includes some or all of the following cultural, legal and medical adjustments: telling one s family, friends, and/or co-workers; changing one s name and/or sex on legal documents; living in the other gender for at least two years, hormone therapy; and possibly (though not always) some form of chest and/or genital alteration. Gender Recognition Certificate A certificate issued by a Gender Recognition Panel under the Gender Recognition Act 2004 means that a holder of a full Gender Recognition Certificate (GRC) is legally recognised in his or her acquired gender for all purposes. This means that the person in question now belongs to the opposite gender in both a legal and a social context. The GRC will be issued to an applicant if they can satisfy the panel that they fulfil all the criteria outlined in the Gender Recognition Act The Act requires that the applicant has, or has had, gender dysphoria, has lived in the acquired gender for two years prior to the application, and intends to live

9 permanently in the acquired gender. A full GRC also gives the holder the means to obtain a new birth certificate. Legal sex In the past, the legal sex of someone was defined by their birth certificate and could not be changed. The Gender Recognition Act 2004 means that people can now apply to gain recognition of their change of gender for all legal purposes. LGBT Lesbian, gay, bisexual and transgender/transsexual. The forms of prejudice and discrimination directed against trans people can be very similar to those directed against lesbian, gay or bisexual people, which is why action and support groups often occur in an LGBT context. MtF Male-to-female transsexual person. A person who is changing, or has changed, gender from male to female. Physical (anatomical) sex Sex as determined by the match between body and sex organs male, female or intersex. Sex refers to someone s physical or anatomical sex in other words, the type of genitals they possess. Except in very rare cases of people who are intersexed, anatomical sex is well defined and easy to interpret. Real-life experience Refers to the phase during gender reassignment in which the individual must live and work in their acquired gender before certain medical procedures will be carried out. Sexual orientation An orientation (or sexual attraction) towards persons of the same sex (lesbians and gay men), or an orientation towards a person of the opposite sex (heterosexual), or an orientation towards persons of the same sex and the opposite sex (bisexual). Sexual orientation is different from gender identity, and the two are not related. Trans people, like any other people, can be heterosexual, lesbian, gay or bisexual. Trans An inclusive term for those who identify themselves as transgender, transsexual or transvestite. The word trans can be used without offence to cover people undergoing gender transition; people who identify as someone with a different gender from that in which they were born, but who may have decided not to undergo medical treatment; and people who choose to dress in the clothing typically worn by the other sex. This term should only be used as an adjective. Transgender An umbrella term for people whose gender identity and/or gender expression differs from their birth sex. The term may include, but is not limited to, transsexual people and others who see themselves as not clearly fitting into male or female identities. Transgender people may or may not choose to alter their bodies hormonally and/or surgically. The term transgender should only be used as an adjective, for example, transgender people. Transsexual person A person who feels a consistent and overwhelming desire to transition and fulfil their life as a member of the opposite sex. Someone in this position will have the medical condition gender dysphoria. This term should only be used as an adjective: individuals should be referred to as transsexual people not transsexuals. Transvestite A person who dresses in the clothing typically worn by the opposite sex. Generally, transvestites do not wish to alter their body and do not necessarily experience gender dysphoria.