This section was developed to aid and assist companies that are seeking to develop and implement a anti-discrimination policy and specifically for the inclusion of Transgender personnel. As with any policy that deals with legal issues it is highly recommended to have a lawyer and a Human Resources Specialist review the policy for appropriate content.
These recommendations are based on current Washington State law, personal experience as a transgendered woman and uses a common sense approach to policy in the business world.
It is the goal of these recommendations to assist a company in being in compliance with the law and at the same time to assist the transgendered worker to be able to fit into the workplace ,allow them to be themselves without fear. But remember that sexual orientation also includes Heterosexual, Gay, Lesbian, and Bisexual identified people.
Today, almost half of the population in the United States live in an area where there's some form of legal protection for transgender people, That's up from about 4 percent of the nation in 2001, In addition to the 13 states, more than 100 jurisdictions, including the District of Columbia, have added a transgender provision to their anti-discrimination laws.
Yet many people or co-workers may have never met a transgender person or have worked with a transgendered person and many companies still have a need to develop good strong and fair Diversity and Inclusion policies for their business. So the best way I feel to start off this topic is to identify what the term transgendered means in relation to the workplace and what the current state law is.
Since this section is about workplace transition, what is Gender Identity or Transgender and what does it means as it pertains to the law? It is important to include the definitions that are used and how a person is defined as having Gender Identity Disorder (GID) or being a transgender. The first thing is to define what a transgender is and the Washington State Guide on Sexual Orientation , Gender Identity Discrimination uses the following definition which is also the standard:
The term Transgender is a common umbrella one for a broad range of people who experience and/or express their gender differently from what most people expect – either in terms of expressing a gender that does not match the sex listed on one’s original birth certificate, or physically changing one’s sex (transsexuals). It also includes people who are cross-dressers or otherwise gender non-conforming. Gender identity and expression also includes males and females who do not express their gender in stereotypically masculine or feminine ways – e.g. through dress or behavior. Gender identity or expression is defined in state law as “having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.
But, generally in the workplace environment Transgender is used as the term for someone who has been diagnosed as having GID, Gender Identity Dysphoria is a broad definition often used to describe people who identify with a gender that is different from the sex they were at birth, according to various medical sources. Though many mainstream psychiatrists have treated it as a mental disorder, evidence is growing that gender identity disorder may be a genetic condition or a result of hormonal influences in the womb. Transsexuality is a medical condition that is clinically termed “gender identity disorder.” Transition, or change of gender presentation and physical gender characteristics, is a medically appropriate and necessary treatment for this condition as defined by the Standards of Care for Gender Identity Disorders, published by the Harry Benjamin International Gender Dysphoria Association. The medical care and treatment for GID for those who desire to pursue a medical avenue are required to undergo a number of medical treatments to support their transition. These treatments may include therapist visits, doctor’s office visits, electrolysis/laser hair removal, hormone therapy, and major surgeries. An employer should treat a transgender employee’s request for time off from work for medical treatment related to his or her transition no differently than a request for time off related to any other medical condition or disability.
The Washington State law (See Full Text) says sexual orientation “means heterosexuality, homosexuality, bisexuality, and gender expression or identity". As used in this definition, gender expression or identity means having or being perceived to have a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.”
The materials presented here in the workplace sections are from a Diversity Workshop Presentation.
It is recommended that appropriate legal review and care be used in the development or implementation of any diversity policy or program.