Beyond the Binary. Gender Issues in Employment and Practice

Transcription

1 Beynd the Binary Gender Issues in Emplyment and Practice S

2 Gals Understand the distinctin between gender and sex Understand the unique challenges faced by LGBT and gender variant emplyees Understand relevant lcal, state, and federal laws regarding sexual rientatin and gender identity Examine strategies fr creating a gender inclusive wrkplace

3 It s YOUR jb T make it safe t cme ut r transitin T ask the questins that will invite peple t bring their whle selves. T ask these questins f all peple. T cnfrnt discriminatry plicies in yur wrkplace

4 The Gd News Yu dn t have t be an expert n LGBT culture t be culturally cmpetent Yu just need: Basic infrmatin A willingness t learn Openness t hear what smene is trying t tell yu

5 Defining Our Terms Sex Gender Sexual Orientatin Gender Identity Transgender Cisgender

6 Sex vs. Gender Sex refers t hrmnes, chrmsmes, genital and reprductive anatmy, a bilgical classificatin Gender refers t cncepts f femininity and masculinity, a scially cnstructed system f classificatin These may nt be the same fr any particular individual, i.e., a persn with male anatmy may dress, speak and behave in a feminine manner.

7 Sexual Orientatin Often cnfused with gender identity Refers t primary rmantic r sexual attractin twards ther peple Lesbian: an identity label fr wmen wh have primary sexual, rmantic and relatinal ties t ther wmen. Gay: an identity label fr men wh have primary sexual, rmantic and relatinal ties t ther men. Bisexual: an identity label fr peple wh partner with either men r wmen.

8 Accrding t the APA Sexual rientatin is nt a chice nt an illness r emtinal prblem nt able t be changed by therapy determined by many factrs, usually at a very early age different frm sexual behavir

9 Gender Identity The persistent internal sense f being a man r a wman We all have a gender identity. Fr many f us this matches the sex we were assigned at birth. Fr transgender peple, it des nt. Our gender identity may r may NOT match ur appearance, ur bdy, thers perceptins f us.

10 Transgender Includes (but is nt limited t) the fllwing: S S S S S S S S Transgender Transsexual Genderqueer Gender fluid Agender Tw-spirit Bigender Intersex*

11 Transgender Transgender peple: Can decide t transitin at any age May r may nt change their names and prnuns May r may nt decide t use hrmnes r surgery What t d when yu meet transgender peple Ask what they prefer t be called and use that name Ask what prnun they prefer and use accrdingly Avid invasive unnecessary questins

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14 Remember: It isn t always bvius wh is LGBT It s kay t ask questins abut gender, partners, preferred prnuns, etc. It s kay t feel awkward as yu learn hw t ask these questins There are n universals. Sme LGBT peple dn t even like the term LGBT.

15 Transgender Discriminatin Trans peple face many f the same types f discriminatin that LGB individuals face, but with many additinal hurdles including but nt limited t: Gvernment identity dcuments that d nt reflect their gender and are prhibitively difficult t change Sex-segregated restrms and ther public facilities Dress cdes which perpetuate traditinal gender nrms Barriers t access apprpriate healthcare

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17 Can I be fired fr being LGBT? Within the state f Iwa? Nebraska? Missuri? Wiscnsin? Illinis? Hw will yur rights change depending n what state yu are traveling thrugh?

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19 Discriminatin is Real (and legally sanctined) In 29 states it is legal t fire a wrker simply fr being lesbian, gay, r bisexual In 32 states it is legal t fire a wrker based n their gender identity Every LGBT persn in the cuntry knws this* ENDA (the Emplyment Nn-Discriminatin Act), a prpsed bill in the US Cngress, wuld prhibit discriminatin against emplyees n the basis f sexual rientatin r gender identity. It has passed the Senate but is currently stalled in the Huse f Representatives.

20 but nt in Iwa Since the Iwa Civil Rights Cde was amended in 2007: 100% f the ppulatin is nw prtected against discriminatin based n their sexual rientatin 100% f the ppulatin is nw prtected against discriminatin based n their gender identity Federally Title VII and Title IX prvide prtectins fr transgender students and ther grups

21 S, it is the law Nw what?

22 Next steps: Designing Nn- Discriminatry Plicies This is easier than mst think it wuld be Reasns t adpt such plicies: Maximizes recruitment and retentin f trained wrkers An envirnment f fairness increases mrale Imprves emplyee prductivity: Transgender emplyees can fcus n their wrk rather than wrrying abut their gender Cisgender emplyees can fcus n wrk and nt cntrversy

23 Situatins Needing Slutins 1. Restrms 2. Harassment and Hstile Wrk Envirnment 3. Male/Female Bxes n Frms, Identificatin Cards, Backgrund/Credit Checks, Security Checks 4. Gender-Specific Husing 5. Shwers/Lcker Rms 6. Dress Cdes

24 Three Principles Recgnize self identity, regardless f surgery r dcumentatin Ask yurself: Is this persn s gender identity and expressin being recgnized in this situatin? Understand and apply the cncept f reasnable accmmdatin Ask yurself: Is this a situatin where the typical plicies r prcedures are resulting in a transgender persn having t unfairly endure difficult r different cnditins at wrk? Biases f custmers r cwrkers are nt a valid (r legally admissible) reasn fr discriminatin Ask yurself: Is this a situatin where an entity is trying t accmmdate the biases, r lack f cmfrt, with transgender peple, custmers, r thers?

25 Restrms Smetimes cwrkers bject t ging t the same bathrm as a transgender persn Peple shuld use the bathrm that matches their gender identity This is significantly less f an issue than peple think it is. Emplyees will take the lead f management: if management declares a plicy, thers will fllw Als helpful is an attitude that indicates that this is n big deal Remember: it is the law. There is n wiggle rm here.

26 Harassment and Hstile Wrk Envirnment Recgnize factrs that my be unique in creating a hstile wrk envirnment fr a transgender persn: Refusal t use crrect prnuns, r apathy/carelessness in never learning t use the crrect prnun Refusal t use a persn s preferred name Asking excessively persnal questins that wuld be cnsidered inapprpriate if asked f nn-transgender cwrkers Discussing cwrkers persnal business behind their backs (including but nt limited t intentinally uting smene)

27 ID Cards, Applicatins, Etc. This can cme up in many different ways: Check-ff bx fr male r female n a jb applicatin frm Filling ut an I-9 frm, an emplyer discvers their emplyee is transgender Entering a secure building, a persn is asked fr identificatin A backgrund check reveals the persn s ld name r gender A transgender persn fills ut frms with their current name r gender, even thugh they may nt be legally changed Slutins: Dn t discriminate when transgender status is discvered Make allwances fr peple wh earnestly fill ut frms r give infrmatin that matches their gender identity

28 Dress Cdes Emplyers wuld d best t institute dress cdes that require clean, neat, well-grmed prfessinal appearance r gender neutral unifrms. Transgender emplyees shuld be permitted t dress in accrdance with the gendered dress standard which is apprpriate t their gender identity Discriminatin n the basis f gender expressin is prhibited by law, there is n exceptin fr dress cdes

29 Gender Transitin Guidelines Institute prtcls fr gender transitins that clearly delineate respnsibilities and expectatins f transitining emplyees, their supervisrs, clleagues and ther staff These plicies shuld address: wh in the business is charged with helping a transitining emplyee manage his/her wrkplace transitin; what a transitining emplyee can expect frm management; what management's expectatins are fr staff, transitining emplyees, and any existing LGBT emplyee grup in facilitating a successful wrkplace transitin; and what the general prcedure is fr implementing transitin-related wrkplace changes, such as adjusting persnnel and administrative recrds, as well as a cmmunicatin plan fr cwrkers and clients. answers t frequently asked questins abut dress cdes and restrm use.

30 Other Suggestins Change yur language Say yur partner, he r she Remve gender binaries n frms (husband/wife vs. spuse) Mirrr language peple use fr themselves and their partners Pst and enfrce all anti-discriminatin plicies It is the law It increases mrale and makes fr mre prductive wrkers Shw yur penness Wear r pst LGBT inclusive stickers and pins Assure cnfidentiality, make cming ut safe