Fun fact: Federal and California law both require employers to maintain workplaces free from discrimination, including discrimination based on gender identity and expression.
Transgender employees are individuals whose gender identity does not match the sex they were assigned at birth. Transgender staff are entitled to the same safe and welcoming workplace as all other employees. While discrimination based on gender identity is illegal in nearly all circumstances, transgender employees still face harassment and discrimination in the workplace.
In 2020, the U.S. Supreme Court provided additional protections for transgender workers, ruling that Title VII’s prohibition on employment discrimination based on sex covers “homosexual or transgender status.” But even with legal protections, handling employee concerns about transgender employees in the workplace requires thought and care.
As transgender people transition (the process by which transgender people begin to live publicly as the gender with which they identify), coworker questions and concerns may arise. Having a process in place to address those concerns while supporting transgender coworkers is vital for both legal compliance and a respectful workplace.
In this article, we will share practical tips for handling employee concerns about trans in the workplace while creating an environment in which all employees can do their best work.
Understand your Transgender Employment Policy
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on gender identity in the workplace. In 2020, the U.S. Supreme Court’s ruling confirmed that employment discrimination based on sexual orientation or gender identity is a form of unlawful sex discrimination prohibited by federal law.
In addition to refraining from discrimination, your legal responsibilities include:
- Allow transgender staff to use restrooms that correspond with their gender identity.
- Refer to transgender employees by their chosen name and pronouns in all workplace communications.
- Apply dress codes equitably – do not enforce different standards based on gender identity.
- Provide reasonable accommodations for employees with gender dysphoria under the Americans with Disabilities Act in some jurisdictions.
Twenty-one states and the District of Columbia have laws that specifically prohibit discrimination based on gender identity. California law prohibits employers with five or more employees from discrimination based on gender identity and requires such employers to provide harassment prevention training and have a written anti-discrimination policy.
💡 Tip: Religious beliefs cannot be used as a defense for workplace discrimination. Courts have been clear that freedom of religion does not allow an individual to discriminate at work. Employers must also take steps to prevent customer or coworker harassment, even where a customer states that they are uncomfortable or prefer to be served by cisgender employees only.
Navigating legal requirements can be daunting, which is why we are here to help. Contact our sales team to learn more about our compliance training solutions!
Build a Respectful Workplace Culture
Cultivating a supportive and respectful environment for a transgender at work involves more than just complying with the law – it requires you to treat people with basic dignity and respect. Hostile work environment studies show that 68% of transgender people have been verbally harassed, and 9% have been physically assaulted, when using public restrooms. Creating a workplace culture that supports trans employees and their rights is essential for the well-being of all employees.
Building a respectful workplace culture involves:
- Setting clear policies that prohibit discrimination based on gender identity or expression
- Using the correct name and pronouns for transgender workers – persistent misgendering can constitute workplace harassment under Title VII
- Providing appropriate restroom access for trans workers to use restrooms that correspond with their gender identity
- Providing comprehensive training on gender identity to employees, just as you would on any other diversity issue
- Establishing transition protocols that make clear what to expect
Many transgender people fear discrimination if they are open about their identity at work. In fact, 50% of them have concealed their identity at work out of fear of discrimination. By supporting transgender inclusion in your communications and actions as a leader, you send a clear message that you are committed to fairness and respect for all.
At Vubiz, we have developed training courses to help employees understand gender identity discrimination in the workplace. These courses are an easy way to help your business maintain compliance while building a culture of respect for all employees.
💡 Consider this: the culture in your workplace affects your employees’ performance. Imagine showing up at work every day and being required to hide who you are. An inclusive culture isn’t just the right thing to do; it’s also good business.
Handling Employee Concerns About Transgender Workers Professionally
When employees raise concerns about transgender coworkers, how you handle those concerns sets the tone for the entire workplace. It’s important to remember that employees are not required to accept or affirm a colleague’s gender identity personally, but they are required to treat all employees with respect.
So, how do you handle employee concerns about transgender coworkers?
- Listen to employees’ concerns and take them seriously.
- Remind employees that the company’s discrimination policies are not up for debate.
- Educate employees that using correct names and pronouns is simply good manners and professional courtesy.
- Reassure employees that safety issues will be addressed quickly, and transgender employees will not be blamed for customers’ or coworkers’ behavior.
- Explain to employees that sincerely held religious beliefs do not exempt anyone from following the company’s anti-discrimination requirements.
Handling requests for religious accommodations is a nuanced issue, but be aware that those requests have limits. The courts have repeatedly held that religious expression in the workplace cannot be accommodated if doing so would result in the harassment of coworkers. EEOC guidance makes it clear that an employer does not need to accommodate a religious belief if it creates undue hardship for the employer, and that includes negative impacts on workplace productivity and employee morale.
At Vubiz, we offer anti-discrimination training courses to help employees understand and respect gender identity in the workplace. This is an easy way to build a compliant and respectful environment for all.
Respecting Sex, Gender Identity, Gender Expression, and Sexual Orientation in Workplaces [Canada]
Respecting Sex, Gender Identity, Gender Expression, and Sexual Orientation in Workplaces [US]
Sex, Gender Identity, Gender Expression, and Sexual Orientation in California Workplaces
💡 The bottom line: Good management means open dialogue with clear boundaries. Personal beliefs are entitled to respect, but workplace behavior must meet professional standards. All your employees, including your transgender employees, deserve that.
Conclusion
Creating a workplace where transgender employees feel respected does not have to be complicated. We’ve covered the legal basics, steps for fostering an inclusive culture, and handling employee concerns as they arise. Now it’s time to take action.
The bottom line? Your responsibility as an employer goes beyond legal compliance. When you create clear policies, respect names and pronouns, and address employee concerns head-on, you nurture a place where all employees can do their best. That’s good for your transgender team members, and it’s good for your entire team.
When other employees raise concerns, be sure to listen, but with clear boundaries. Personal beliefs are one thing, but workplace behavior must remain professional. We’re all in this together, and all employees deserve respect.
The good news about inclusive workplaces is that they are more productive. Employees do their best work when they don’t have to hide who they are.
Ready to see how your current policies and practices measure up? It might be time to consider some gender identity training for your team to ensure everyone is on the same page. Vubiz training helps businesses create a compliant and respectful environment for all employees.
💡 Remember: Your commitment to making transgender employees feel welcomed and valued strengthens your entire organization. It’s a win-win we can all support.
FAQs
Q1. How should I address a transgender coworker in the workplace?
Treat transgender employees with the same respect you would any other employee. Use their preferred name and pronouns consistently. If you are unsure what pronouns to use for a transgender employee, it is appropriate to ask politely.
Q2. What legal protections exist for transgender staff?
Federal law prohibits discrimination based on gender identity under Title VII of the Civil Rights Act of 1964. Many states have their own laws that specifically protect transgender employees. As per the EEOC strategic enforcement plan, employers are required to provide equal treatment to all employees in hiring, promotion, and application of workplace policies.
Q3. How can I create an inclusive environment for transgender people?
Implement clear anti-discrimination policies, provide diversity training for all employees, ensure appropriate restroom access, and foster a culture of respect. As a leader, set the example by using the correct name and pronouns for transgender employees.
Q4. What should I do if I accidentally misgender a transgender employee?
If you make a mistake and use the wrong pronoun for a transgender employee, briefly correct yourself and move on without drawing attention to it. Ongoing effort to use correct pronouns is more important than perfection.
Q5. Should I inform other employees about a transgender coworker’s identity?
It is generally best to let transgender employees decide whether and when to disclose their identity. It is usually not necessary or appropriate to inform other employees about a transgender employee’s identity. Focus on treating them like any other employee of their identified gender.