Transgendered People in the Workplace

1
Transgendered People in the Workplace

• Margaret Stumpp, Ph.D.
• Chief Investment Officer
• Quantitative Management Associates, LLC.

ILG National Conference July 31, 200
The opinions contained in this presentation
are those of the author and not necessarily those
of QMA or Prudential Financial.
2
Perception
3
Drag Queens
Clowns in a dress
Photo courtesy of Wikipedia.com, Columbia
Tri-Star
4
Reality
Photos courtesy of Lynn Conway and with
permission from the subjects. www./lynconnway.com
5

Cardiologist
777 1st Officer
Author

6


Creative Director, Producer
Economist



7



Author, Designer
Surgeon



8




















Physician, Politician
























9










Test Pilot, Politician
Surgeon











10












Professor, Writer
Professor, Engineer















11
Agenda

• Introduction to transgendered people
• Who What Where Why How.
• Transgendered in the workplace
• Best practices for both parties
• What Ive learned
• Conclusions

12
Transgender One who transgresses gender norms.
Transgendered transsexuals, cross dressers,
intersexed and others who cross conventional
male-female social boundaries.

• Gender Identity The mental sense of gender. In
  the case of transsexuals, the feeling of identity
  is incompatible with the anatomy.
• Transsexuals
• Intersexed.
• Gender Expression The external presentation or
  appearance of a person, as it relates to the
  traditional stereotypes of male, or female.
• Drag queens
• Crossdressers (transvestites).

Project Specialist/ Activist
13
People are more complex than simply M or F
14
Not a simple thing to define

• Conventional wisdom
• I feel trapped in the wrong body (i.e., a
  psychological condition)
• A subtler view
• Being transsexual is not just about genderIt is
  about the need to express yourself in a way that
  feels comfortable and natural. It is about being
  accepted by others in a way that is congruent
  with how you see and accept yourselfTranssexuals
  are people whose overall sense of self, or
  self-expression, is more closely aligned with the
  roles and expectations commonly associated with
  people whose physical sex is opposite their
  own. (i.e., a spiritual crisis).

source Wrapped in Blue, Donna Rose, Living
Legacy Press, 2003, p. 225.
15
Little Data, Much Debate

• Prevalence is uncertain
• Transsexuals are said to number between 110,000
  and 130,000
• 3x more M-to-F than F-to-M (debated - anecdotal
  evidence 11)
• Approximately 1,500 reassignment surgeries/year
  on US citizens.
• Far more people are transgender.
• Cause is unknown
• Traits often manifest from extremely young ages
• Current thinking is biological, though no
  smoking gun
• Experience with intersexed suggest it is innate
  and not acquired.
• Considered a medical issue (actively debated)
• Cannot be cured via drugs, or therapy.
• Included in DSM-IV psychiatric diagnosis manual.
• Standards of Care (guidelines from HBIGDA now
  WPATH)
• Aetna Clinical Policy Bulletin 0615
• http//www.aetna.com/cpb/data/CPBA0615.html
• No funding and little serious research.

16
Legal Standing

• Many jurisdictions are adding gender
  expression/identity to anti-discrimination
  statutes1
• Over 91 municipalities -- including Baltimore,
  Boston, Chicago, Dallas, Los Angeles, New York
  and Philadelphia have enacted laws protecting
  transgendered people against discrimination.
• 13 states have adopted nondiscrimination laws
  (CA, CO, DC, HI, IL, IA, ME, MN, NJ, NM, OR, RI,
  VT, WA). Proposed in VA, MD, IN.
• Courts, or administrative agencies in CT, NY,
  plus decisions in the Second and Ninth District
  federal courts, have interpreted state sex
  discrimination laws to encompass transgender
  people.
• Despite gains, legal rights are murky
• Some, but not all, jurisdictions will update
  birth certificates
• Federal agencies require a new birth certificate,
  or a surgeons attestation.
• Patriot Act and SSA no-match letters
• ENDA
• Local jurisdictions often employ vague rules
  (drivers licenses)
• Marriage can be problematic.
• May be incarcerated for merely walking down the
  street.

1 The Task Force, www.thetaskforce.org
17
Perceptions improving

• Media portrayal is spotty, but Improving
• Psycho, MASH, gt Crying Game,
  Boys Dont Cry.
• Public perceptions are becoming positive1
• 1-2 violent deaths/month, nationally, but
• 77 believe transgendered children should be able
  to attend public schools
• 92 would be willing to work aside a
  transgendered person
• 61 support laws prohibiting workplace
  discrimination.
• Gender sensitivity varies considerably across
  cultures
• Average age of male-to-female surgery US 50
  Thailand 25
• Early Native Americans
• Asian religions.

1 Source Human Rights Campaign (HRC)
commissioned survey, September 2002.
18
Why consider the transgendered ?

• Ethics
• Because its right.
• Good business
• Attract and retain a diverse mix of talented
  people.
• Not a cost issue
• Generally easy to accommodate.
• Forestall adverse publicity and lawsuits
• Rosa v. Park West
• McGrath, Jinks and Lopez v. Toys R Us
• Carla Enriquez, M.D. v. West Jersey Health
  Systems.

19
Partial Listing of Large Companies That
Accommodate Gender Identity and/or Expression


Aetna "gender identity Agere "gender
identity, characteristics or expression" American
Airlines "sex, gender, and gender
identity" Apple "gender identity and
expression" Avaya "gender identity,
characteristics or expression" First Data
"gender identity and expression" IBM "gender
expression and identity" Intel JP Morgan
Chase Kodak "gender identity" Lexmark
"gender... sexual orientation, gender
identity" Lucent "gender identity,
characteristics or expression" NCR "gender
identity or expression" Nike Prudential gender
identity Raytheon Walgreen's Xerox "sex...
sexual orientation, or gender identity"


Actress
1 Partial list. Source Human Rights Campaign
Foundation. http//www.hrc.org/worknet


20
Best practices - employers

• Include gender expression, or gender
  identity, in the diversity statement and mean
  it.
• Recognize unique issues affecting the
  transgendered
• Non-selective outing
• Medical issues
• Socialization.
• Even if none, educate both management and
  employees.
• Be prepared because there is often little time to
  prepare.
• A trans person may be a customer or client.
• Benefits provider(s) should explicitly cover
  transsexuality.
• Prescription drugs, mental health and surgery.
• Key components of HRC CEI score.

21
Employer obligations

• Time (during transition)
• Electrolysis (male to female) 120 300 hours
• Cosmetic Surgery 1-3 week recovery
• Physician tests/visits quarterly
• SRS 3-5 week recovery (M2F).
• Adjustment (varies with individual).
• Sensitivity to legal issues (SSA)
• Leadership
• An educated workforce
• Respect and compassion.
• Realistic benefits may save a life
• Incremental (one-time) expenses from surgeries
  and related expenses 15,000 - 30,000.
• Very low incidence and, consequently, not a major
  financial issue.

Corporate VP




22
Typical Transition Path1
1. Source Mary Ann Horton, 2005
23
Coming out (transition)
Standards of Care recommended 1-year real life
test.

• An announced transition (shock therapy)
• Pre-transition negotiations with management.
  Disclosures and ground-rules agreed upon.
  Employee may be terminated.
• An unannounced transition (rare)
• Gradual, but steady change in appearance and
  demeanor - occasionally spanning years. An
  eventual change is no surprise to anyone and a
  mere formality.
• Bill suddenly becomes Brenda without notifying
  anyone.
• Stealth (tragic)
• An associate resigns, transitions and starts a
  new life elsewhere.

24
Handling an announced transition

• Sensitivity. It is important to recognize that
• Outing oneself is emotional, unselective and
  irreversible.
• Most trans people dont resemble fashion models.
• Things normally taken for granted IDs,
  pronouns, payroll, benefits, telephone, etc, are
  all extremely important.
• Educate yourself, management and affected
  associates.
• Consult experts if unsure what to do - an
  informed advocate can smooth the process.
• Therapists specializing in transgendered
• Transgendered speakers/advocates (e.g.,
  www.nctequality.org provides speaker contacts).
• Direct notification of affected employees by
  superiors emphasizes commitment and offers an
  opportunity to react and ask questions.
• Notice given that discrimination will not be
  tolerated.
• A permanent shift in responsibilities is
  discriminatory.

25
The unannounced transition

• No issue if a persons appearance has changed,
  but remains consistent with the employers dress
  policies.
• e.g. pierced ears, longer hair, softer clothing
  on a male.
• Associates should be aware that
  gender-expression is tolerated.
• An employer has the right to address behavior
  inconsistent with reasonable presentation
  standards.
• Kooks (the employee who shows up in a tutu) vs.
  The serious, but ill-prepared transitioner.
• The post-transition hire.
• History likely discovered in routine background
  investigation.
• Respect the individuals right to privacy a
  personal medical matter.
• A non-event. Neither health, stability, nor cost
  are issues.

26
Essential benefits cost pennies per year1
1. See The Cost of Transgender Health Benefits,
Mary Ann Horton, 2005
27
Benefit consultants are clueless
... but, experience varies widely by industry !!
28
Employees obligations

• Employers should recognize that transitioning on
  the job is extraordinarily courageous and
  difficult - revealing a strong commitment by the
  employee. In return for their support, employers
  should expect
• Productivity
• Dignified demeanor
• Presentation consistent with the job
• Sensitivity to the needs of customers and
  associates
• Patience.

29
My case What workedWhat didnt.

• Initial missteps.
• A business plan.
• Flexibility
• Legal data
• External validation.
• HR Involvement
• Internal advocates
• Tricky details.
• Legal Issues.
• Communication from senior management.
• Humor.
• Ongoing Issues.

30
When transitions fail



31
Common Issues/Fallacies

• The bathroom
• Years of therapy thousands of hormone pills
  and injections hundreds of hours of
  electrolysis and a dozen hours of surgery, just
  to sit in the toilet stall next to you??
• Legal red herring.
• Presentation/ Behavior
• We want to blend-in, not outrage
• Hormones dont make us crazy.
• Identity
• Names and pronouns changedIRS gender may not
  match payroll.
• Reactions
• Customers.
• Hire the handicapped?
• Associates
• Religious objections.

Psychotherapist

32
Conclusions

• Productive, talented, ordinary people.
• Not a sexual-orientation issue. Although much
  commonality with GBL, ourneeds and issues are
  unique.
• A very broad group.
• A benefit, not a burden, to employers.
• Education is paramount.
• An increasingly visible minority that is rapidly
  gaining inclusion in anti-discrimination
  statutes.

Best Selling Author


33
Selected Resources (on-line)
34
Selected Resources (reading)