Introduction
The over riding concern for transgender
people when they disclose their status to others is loss. This can be
applied to work, family, home and finance. This association is why so many
conceal their true gender identity.
It is clear that transition is not going to
be easy and especially embarrassing in the work place for you, colleagues
may be looking out of the corner's of their eyes and whispering.
However, transition in the workplace has
can also be a success when handled properly.
You have two choices, either quit or stay
where you are under the protective umbrella of sex discrimination act.
Quitting may leave you wanting for employment history as where did you last
work and what are your references? This will quickly re-expose you to
the same situation that you left.
If you remain in your current job there are
two things you have to do, the first is to arrange an appointment with your
Human Resources Manager (Personnel), if your company is large enough they
are already likely to be well trained in this and will have protocols to
settle your concerns. If your company is smaller then print
this guide for your employer.
Guidelines
Do your homework.
Management must know at least three months before you intend to start your Real Life Test. They must be convinced that you are serious about this and that you didn't decide just yesterday that you want to change your sex. Be prepared to write a well documented and thorough report stating the date you will present as a member of the opposite sex in a manner of dress and behavior appropriate to the workplace. Request in writing a meeting to work out a detailed timetable for implementation that includes management's informing your fellow workers several weeks prior to your coming out date. At this meeting you should also request management to arrange a formal meeting where you can address the concerns of your co-workers.
Your report should have a cover sheet that is clearly marked Personal and Confidential. It should include a brief history of your gender dysphoria explaining that since early childhood you have identified with the other sex, the difficulties you have experienced in society because of your dysphoria, how you tried, unsuccessfully, to cope by participating in normal gender behavior (use examples that apply, such as marriage, military service, sports, parenthood). Tell how you realized that these attempts at expected gender expression were insufficient, forcing you to seek medical advice. Include a list of the therapist and doctors you are working with. Be sure to include signed confidentiality release forms allowing your employer to talk to your therapist or
doctors.
Reassure your employer that you are handling all the legal matters, such as name change on bank accounts and Social Security registration. Also include photocopies of official documentation of your sex reassignment, such as your new driver's
license and passport, letters from your therapist stating your medical condition and no intention to defraud, and perhaps even a copy of the
HBIGDA "Standards of Care"
to add further validity. Some people also include photocopies of hormone prescriptions and
gender psychiatrist's report.
The report should include a timetable of projected physical changes. Start with inclusive dates of psychological review resulting in approval for hormone treatment, projected starting date of the minimum one year Real Life Test, and target date of actual sex reassignment surgery. Include specifics about when new secondary sex characteristics will appear over the period of your transition. Because
appearance is important, it helps to give your employer some idea of what to expect. In that regard, include a conservative photograph of yourself dressed in a manner appropriate for your business setting.
Make your disclosure to your Human Relations Manager first!
DO NOT start with your co-workers or your Supervisor. Keep in mind that most large corporations have at least some experience at handling this situation by now. It is important that those who have the most say over your continued employment are the ones responsible for telling the others. This method insures that management only hears information that is accurate and loaded to your side of the issue. It is very important to prevent managers from getting information about you through rumor and innuendo.
Don't be dogmatic.
Be ready to give in a little here and there at the beginning. Which bathroom you will be using is likely to be the first order of concern. If you are asked to use a neutral bathroom on the next floor as a prerequisite to acceptance, do so. Eventually, as everyone gets used to seeing and working with you, you can slowly began to take normal privileges. The point here is to be low key. Correct people politely when they use your old name and the wrong pronouns. If you have trouble with an individual co-worker, try to handle it privately by quietly confronting the individual over a cup of coffee. If that doesn't work, make a report to management stating the nature of the complaint and your attempts to resolve the issue. Again, be as low key as possible.
Follow through.
If you said in your timetable that you would be starting your Real Life Test on a specific date, do it on that day. If you have a job where the women usually wear skirts or dresses and you wish to do the same, then wear a skirt or a dress on the start day. You might as well take advantage of everyone's expectations and curiosity in one fell swoop. You may find it difficult not to be distracted at first but get down to work and try to appear productive as soon as possible.
Sympathy
If you like it or not some colleagues will
become very supportive and maybe even overly protective of you, especially
Male to Female with genetic females and Female to Male with male colleagues.
The desire to 'show you the ropes' and mother you may lead to you resenting
their support. As you have been living with this all of your life and
they may see it as a whim and make light of your situation. The down-side is
others in the workplace may resent you using the same toilets and may openly
discuss your sexual experiences and genitalia!
Abuse
In the case of a Male-to-Female:
"Blimey fancy cutting your cock off - ouch! Lets have a squeeze of your
tits - go on! I would let you squeeze mine!!!
In the case of a Female-to-Male:
"So how big a cock are you getting then?" "Can you piss
out of it then?"
This sort of language and behaviour is
often tolerated by the transgender employee so they are not seen to
'rock-the-boat!" However, you should immediately discuss your concerns
with senior management if this happens, it may even be necessary to carry a
voice activated Dictaphone concealed on your desk or in your bag for
evidence.
Victimization
Offensive emails, graffiti and notes passed
around about you are known and all efforts to inform your manager has done
nothing whatsoever you may even be suspended for wearing women's (or men's)
clothes to work so what now?
Legal Advice
Lawyers are not cheap and as yet may not be necessary. If you cannot get
state financial or union support then some lawyers may do 'no win no fee'.
It maybe wise to contact a transgender specialist lawyer if things look
beyond your capabilities.
Tyndallwoods
Solicitors are recommended by Transgender Zone
Employment law is one of the few areas where legal costs may not be met by the state or awarded against the other
side so contact your Citizen's Advice Bureau or
Law center and get yourself allocated a case worker. Contact the
Equal
Opportunities Commission!.
Unions
Contact you union representative or join a union and keep a very detailed
note of all incidents that take place for evidence at any tribunal.
Contact your employer's head office and ask for the latest staff handbook, and disciplinary code. You have a right to these, if you don't get
that can be used as evidence that your employer may appear uncooperative.
Always try and seek witnesses to any events.
Speed
If you are fired you have twelve weeks to make a claim for unfair dismissal or sex discrimination
it is therefore essential that you contact your local Employment Tribunal -
see phone book. Get an IT1 form
- guidance is available on how to complete these type IT1 into any UK search
Engine, and complete all that you can except the statement of case. When
you attend any meetings about this take a representative with you this could
be a legal representative, but if you lack funds then ask the Citizen's Advice Bureau,
Law center
or your union for support. Tape record the meeting if permitted. If they refuse, then explain that you will be taking
verbatim notes and ask them to speak slowly. Take the notes and ask for a pause if you need time to catch up with writing it all down.
Say as little as possible. Let the other side do the talking, they are
likely to make mistakes that you can use to your advantage. You should let your representative speak on your behalf if
it is necessary.
Compensation
You can obtain settlements of up to twenty five thousand pounds and some are
as high as one hundred thousand pounds. But use your Equal
Opportunities Commission!
Conclusion
Resolving one's sex/gender incongruence in a permanent and public manner is fast becoming a routine event in the workplace. As more and more gender dysphoric individuals exert their right to live openly as their authentic selves, transition in the workplace is becoming easier.
