Forty-eight percent of employers showed bias against hiring a transgender person even when the applicant was more qualified than others. Also, nearly 90% of transgender people report workplace harassment, according to a recent survey led by the D.C. Office of Human Rights. Rob Wilson of Employco USA, says that the case of Macy vs. the Dept. of Justice sets a legal precedent that prevents employers from refusing or rescinding job offers when finding out that a person is transgender. Wilson said that employers should also consider the following:
- Legal documents may not match the applicant’s or employee’s preferred name/pronoun.
- On official legal forms, you must use the name and gender on the identification the employee gives you, regardless of how they present themselves in person. However, just because you must do so on the legal forms, it does not mean you must do so on the company website or the person’s business cards, etc. Instead, use their preferred name.
- Ask what pronoun they prefer.
- Ask if they want the other staff to know any details about their gender identity, and respect their choice.
- Allow them to use the bathroom of their choice. OSHA recommends that employers permit employees to use the bathroom of their choice, meaning that a transgender female should be allowed to use the female bathroom, or a transgender male should be allowed to use the male bathroom.
- Have an office-wide meeting to let all managing personnel know about how these issues will be handled.
- Update employee handbooks to reflect that discrimination against transgender employees will not be tolerated.
- Update the office dress code policy. Instead of saying, “Men must wear slacks,” or “Women must wear skirts,” say “Business casual is required,” or “No ripped clothing, or logos, etc. are allowed.”