Job Discrimination Complaint Pitfalls & Traps

You have had just about enough of this nonsense. Your work environment is positively hostile because of your sex, sexual orientation, gender, gender identity, gender expression or whatnot. You've been the subject of jokes, of harassing comments, of prank phone calls, weird things put in your desk or locker, of uncomfortable touching or even punching, threats --veiled or not so veiled -- of physical harm and loss of your job. You have tried to ignore this, hoping that showing you're not rattled and taking the higher ground will make this go away.

 Should you file a complaint with HR? Well, you could, but then there is what happened to Robert Jordan.

"When the news broke in October 2002 that police in Montgomery County, Maryland, had captured two black men suspected of being the snipers who had randomly shot 13 individuals, killing 10, in separate incidents over a period of weeks in Maryland, Virginia, and the District of Columbia, an IBM employee watching the news on television in one of IBM's Montgomery County offices exclaimed, 'They should put those two black monkeys in a cage with a bunch of black apes and let the apes fuck them.' A fellow employee, Robert Jordan, who is black, was in the room at the time and heard the exclamation. Jordan was offended and discussed the incident with two other coworkers, who told him that the employee had made similar comments before. Jordan then reported the incident to management. A month later Jordan was fired, purportedly because he was 'disruptive,' his position 'had come to an end,' and management personnel 'don't like you and you don't like them.'" Jordan v. Alternative Resources, et al., 458 F.3d 332 (4th Cir. 2006) (expletives undeleted).

 He lost his case.

 Cross-posted from Bilerico.com. Click here to read more...

The Employment Discrimination Lawsuit Blues

Let's say that your troglodyte co-workers call you "faggot" or "Ms. Thing" or "he" when you're a "she" or vice versa, or make some other neanderthal comments. And let's say you are not going to take that kind of treatment, and you want to enforce your rights to be treated with dignity under the law. What do you do?

 Federal law prohibits employment discrimination based on sex, which has been interpreted to mean gender identity or expression, as in transgender identity, or non-standard gender, as in gay stereotyping. If you work for a public employer, sexual orientation is covered by some federal courts under the U.S. Constitution. A number of state and city laws also prohibit employment discrimination on these bases. Most large companies also don't allow that kind of behavior and say so in their policies. But what does it mean to try to enforce these rights?

 I've recently reactivated my law licenses in New York and New Jersey, and undertaken a number of lawsuits for people who have requested my assistance as a lawyer. So I'm seeing a whole different side to things, beyond the academic theories I've been spending time with for the past decade. It's a jungle out there.

Cross-posted from Bilerico.com:  Click Here To Read More

'Trans'-cending stereotypes: Tackling transgender bias in the workplace - Business Management Daily

Here is an article in Business Management Daily from an employer's perspective about addressing transgender issues in the workplace. It's generally favorable, but I must disagree with the statement that federal courts are reluctant to extend protection to transgender employees. In fact, more than a dozen federal district courts have ruled in favor of transgender employees, and the 6th Circuit federal Court of Appeals, which includes the states of Kenutcky, Michigan, Ohio and Tennessee, has also ruled that transgender people are entitled to protection.

'Trans'-cending stereotypes: Tackling transgender bias in the workplace - Business Management Daily: You can’t ignore transgender issues. And in New Jersey, you can’t ignore discriminatory behavior and harassment against transgender employees. That would be illegal under the NJLAD, and could result in costly litigation.

To minimize the possibility of discrimination against transgender employees in your workplace, follow these tips:

Train managers and employees to be sensitive and understanding toward transgender employees.
Allow transgender employees to express their preferred gender identity in the workplace.
Treat leaves of absence for sexual reassignment procedures the same as other scheduled medical procedures.

HR Magazine - Diversity: interview with Fiona Cannon, director of diversity and inclusion at Lloyds Banking Group

UK-based Lloyds Banking Group talks diversity:

HR Magazine - Diversity: interview with Fiona Cannon, director of diversity and inclusion at Lloyds Banking Group: "In other words, LBG has twigged to the amount of money that comes into the bank from diverse customer bases - and for them to wish to bank with Lloyds, customers need to engage with staff they can empathise with.

'Half our customers are women,' Cannon explains. 'Three million of our customers have a disability. The disabled market is worth �80 billion a year to the economy and this is set to grow with an ageing population.'

The same is true for ethnic minority customers - worth a potential estimated �103 billion annually to the country, according to Cannon - as well as the lesbian, gay, bisexual and transgender (LGBT) market, thought to be worth �70 billion."

Best Business Practices to Openly Value the Transgender Workforce White Pape

A helpful beginning document for those seeking to learn more.

Best Business Practices to Openly Value the Transgender Workforce White Paper 04-28-11 Daniél C. Kimlinger, MHA - Mines & Associates Employee Assistance Programs

Often, when we hear of discrimination in the workplace, we think of discrimination against race, gender, or religion, along with other EEOC areas. Recently, there has been more attention on the transgender population in the workforce. This whitepaper will overview why companies are trending towards open non-discriminatory practices as well as valuing their transgender workforce.

Read more...

The END of ENDA?

It looks like ENDA is off the House calendar, though I understand that doesn't necessarily mean it won't miraculously reappear. My guess is they're playing a political shell game to see who's looking.

Several other blogs have discussed the issue quite well, and if you would like to see them, here's my "Shared Items" feed from Google Reader. (Tip: You can also see my shared items in the box at the bottom of my blog, labelled "Useful Posts From Other Blogs")

Here's the posts I'm referring to:

ENDA Not On Next Week’s Congressional Calendar

The T is officially out of the ENDA

The Hill: “Freshman Democrats kill transgender amendment”

ENDA Update: The Fork In The Road

Echelon Magazine: Employers of Choice Come to Terms with Choice of Gender

The title above refers to an article I wrote for this month's issue of Echelon Magazine, an LGBT business magazine. The article discusses the types of issues that employers are facing when employees transition in the workplace. Of course, the article makes no reference to the recent fun and games with ENDA, as it was written this past summer. Nonetheless, I do find an ironic connection between the article and the controversy over yanking "gender identity" out of the bill. Big Business, inherently conservative by nature, is coming to terms with transgender identity in its workplaces, and yet Democratic politicians, supposedly liberal by nature, are frightened to embrace it.

The article can be found at http://www.echelonmagazine.com/sept_weiss.htm

Mike Penner Coming Out as Transgender

Lisa Takeuchi Cullen has a great post at Time's "Work in Progress", talking about the story of sportswriter Mike Penner, who is transitioning to Christine in the "hyper-macho world of sports journalism" as she puts it. CNN has more details as well.

I think there couldn't have been a better time for Christine Daniels -- as she will be known -- right after Steve Stanton in Florida and the introduction of a transgender-inclusive federal employment non-discrimination bill. It's my guess that there are a few more public figures who are planning to transition, who will see this as a good time to come out.

This is an issue that is coming up more and more as we become a more free and open society. I hope that Christine Daniels finds as much success as Mike Penner did.

The story is particularly interesting for the way that it demonstrates how professional organizations do this: talk to HR, talk to management, communicate with co-workers, clients and customers, take a break, come back in your new gender, get on with work. Transgender workplace diversity challenges people's notions of "normal", but it doesn't have to be traumatic.

Management's response also shows how to do it: "He leaned back in his chair, looked through his office window to scan the newsroom and mused, "Well, no one can ever say we don't have diversity on this staff." We've discussed management response to employee coming out before, but I've never heard that one.

Stanton's Communcation Strategy: Is the criticism justified?

This morning's St. Petersburg Times reviews criticisms of Steve Stanton's communications plan. Some City Commissioners and members of the public criticized Stanton's decision to form a "transition group" to help formulate his plan, thus leaving others out of the loop, including City Commissioners, staffers and the citizens of Largo.

The article's title points up how the failure of an organization to adopt a gender transition policy can lead to termination of an otherwise outstanding employee: "With No Transition Plan, Stanton Wrote One." As the byline notes, "Many companies have policies to protect transgender employees, but the city of Largo didn't."

The Times reporter contacted me for this story, and showed me Stanton's communications plan. I reviewed it carefully and had several phone calls with her about transition policies generally, and the merits of this plan in particular. As she notes in the article, I found it to be an excellent communications plan, and told her that it's considered "best practice" to form a committee to interface about the plans to ensure that the transition is a success for all. Of course, I also said many other things, but there are only so many points one can include in a newspaper article. So here's some of the other things I told her that are relevant to the issue of whether this transition was handled appropriately by Stanton.

There are three parts to any gender transition plan:

• organizational policy - how does this fit with the organization's existing policies, and how should those be amended - EEO, harassment, dress code, records and identification, security, union, facilities usage (i.e. bathrooms and locker rooms) etc.
• training - how should senior managers, HR and co-workers be informed about the organization's transgender policy, and what type of training do they need to understand what the organizational policy requires?
• communications strategy: how to tell management, co-workers and the public (clients, customers, vendors, citizens - depending on the environment) It is critical that this part be very carefully thought out.

The plan I was shown was, of course, only a communications strategy. It was extremely well done, particularly for someone with absolutely no experience on this issue. Of course, I am sure that, as a highly-paid city manager for 14 years, Mr. Stanton has dealt with communications strategy for many other matters, and in some ways, this is no different.

In others ways, however, it is very different. In regards to communication strategy, I advise my clients that "layered communications" in a "step-by-step process" are key concepts in creating such plans. If, for example, one were to plan on advising everyone at the same time (e.g., sending out a broadcast email) as the first step in advising the organization of an employee's gender transition, one is likely to cause a tremendous amount of disruption in productivity and morale. Rather, it is important first to keep the sensitive information to a small group to insure confidentiality and proper handling. Then, integrating the communication strategy with the organization's transgender policy, and the training plan, information is gradually rolled out to senior management, line management, co-workers (at first only those in frequent workplace contact) and the organization's public (clients, customers, vendors, citizens - depending on the environment). The "Stanton plan" that I was shown contained all these elements, leading me to call it "an excellent communications plan." I have a few quibbles with the plan, of course. Number one is the insertion of more safeguards for confidentiality, because I have seen a number of cases where transgender employees thought certain people were "totally safe" to tell early on, and it turned out to be a mistake. Obviously, someone in the Largo city government spilled the beans, making a shambles of the carefully laid plans.

There are a lot of considerations here, and you can learn more at my consulting webpage at http://phobos.ramapo.edu/~jweiss/consult.htm It is important to understand that the information to be rolled out should consist only of the organization's transgender policy and its application to the specifics of the employee transition in question. The training should be "value-free" as much as possible. In other words, it should not be an attempt to convince people that gender transition and transgender identity are good. It should only advise what the policy is, what its requirements are, and what it means in the context of a specific gender transition.

I have devised a generic transition plan which I tailor for use with my clients, which are usually Fortune 500 companies and large city agencies. I don't recommend a plan of this complexity for small organizations. You can find it at http://phobos.ramapo.edu/~jweiss/policy.pdf I've discussed the issues involved in these plans in many blog posts, which you can find by clicking on the label at the bottom of this post, entitled "Management Response." There are a number of other transition plans on the web, which you can find here and here.

The Times asked me to hold off publishing the plan I was shown, so I'll wait for the go-ahead on that. They did publish excerpts from the plan, but there are a few remaining interesting tidbits. Next week I'll put in my two cents on the details of the transition plan.

More on the Out & Equal Conference - Developing Written Guidelines

On Friday afternoon I attended a presentation chaired by GenderPAC's Riki Wilchins, with HR people from Citigroup, JPMorgan Chase and IBM. The title of the presentation was "Developing Written Workplace Guidelines: Transitioning & Gender Nonconforming Employees." I thought it was extremely well done. Here's the blurb, which notes that the major problem with implementing the addition of "gender identity" to the corporate EEO policy is that developing written guidelines is "difficult and time-consuming."

"Over 120 major corporations have implemented Equal Employment Opportunity policies and workplace transition support guidelines that include gender identity and expression. The process of crafting comprehensive policies for gender nonconforming employees and written guidelines to help support workplace transitions can be difficult and time consuming, especially because transitioning and transgender employees are often a new topic for HR departments and they present very specific policy needs. Major corporations like Citigroup, JPMorgan Chase, and IBM have already developed such policies and guidelines. Come hear from leaders in the field about best-in-class practices and their experience implementing them, and how GenderPAC's new sample policy guidelines can help your company stay ahead of the curve."

The panelists were all excellent speakers, and gave much useful advice. For example, one recounted how to address co-workers with objections to bathroom usage prior to surgical intervention. "I ask them the last time they saw a naked person in the bathroom," he noted.

One area that could have used more coverage was the retail environment, and other non-office environments. That's a new area for everyone, so I certainly don't fault them. In fact, I thought their discussion of "reaction scripts," which detail how to address customer reactions, was particularly applicable.

If you're interested in seeing GenderPAC's written guidelines, they can be found at http://www.gpac.org/workplace/WorkplaceFairness.pdf

I have also developed written guidelines, which can be found at http://phobos.ramapo.edu/~jweiss/policy.htm

Both sets of guidelines offer advantages and disadvantages. Mine are more comprehensive, which I think is important for those whose task it is to actually write the guidelines for a specific environment. It requires less reinventing the wheel, and one can simply discard those portions that are too voluminous or inapplicable to a particular situation.

Model letter from management

In my last few posts, I have been discussing the agenda for a meeting with co-workers of a transgender employee. As noted there, the meeting should be carefully thought out to insure that co-workers learn what management expects of them. My last post discussed
a letter from the transgender employee in transition. This time, I will discuss a letter from management expressing support for the employee in transition.

The gender transition leader, the HR person who is placed in charge of a gender transition, should solicit a short letter from management expressing management support. Most likely, management is going to ask HR to draft the letter, since they expect that HR knows what to say more than they do. Of course, there is no reason why HR should be an expert on the subject, but that's what managers often do. What should such a letter say?

First, the letter should reference the Company's Equal Opportunity Policy, and express management's commitment to non-discrimination, and a harassment-free work environment for all. That grounds the management response firmly in company policy, rather than the manager's personal response, which may well be different. Since an important purpose of the co-worker meeting is to avoid destructive gossip, it would also be well to mention management's commitment to maximizing workplace harmony and express support of the employee in transition. This also puts potential bullies on notice that harassment of a vulnerable employee, often disguised as moral objection, will not be tolerated. It also gives an avenue for guidance of those co-workers who legitimately have questions and concerns about working alongside a transgender employee. That avenue is the GTL, for it is important that the transgender employee not be barraged with curious questioners.

A model of a management letter is provided below. The content of the letter should be changed as appropriate to fit the particular situation and the writer's individual style.



We are writing this to notify you of a change regarding one of our team members in the _______ department. Although this change is of a personal nature, it is one that will be visible to you. Consequently, we feel that it is important to let you know about the change and any possible impact it may have.

One of our valued team members, __________, will be continuing a personal transition that began some years ago. Beginning on __________, he/she will be taking a major step in a gender transition and will begin living full-time as a man/woman. He/She _______ has adopted the name __________.

We realize that this may come as a surprise to some people and anticipate that a variety of personal reactions may surface as this change occurs. For that reason, we felt that it would be beneficial to our employees to have an opportunity to learn about the Company's guidelines regarding gender transition and ask any questions they may have.

We reiterate The Company's support for all our employees and their diverse personal lives, as well as The Company's commitment to employee diversity. As always, our responsibility is to ensure a safe and healthy working environment where employees of diverse backgrounds and beliefs can work free of harassment, intimidation, or discrimination.

Please treat ____________, with respect, using correct references to name or pronoun of the new gender, refraining from asking inappropriate questions or making inappropriate comments, and respecting employee confidentiality. Particularly at the beginning of gender transition, it is common for co-workers to make some mistakes regarding these matters. Do not take offense at respectful corrections offered by the employee in transition.

If you are interested in learning more about the issues involved in gender transition in the workplace, here are some resources for your consideration. These are provided for informational purposes only, and the Company does not endorse the opinions expresses therein.

The Human Rights Campaign has a section on transgender issues in the workplace at http://hrc.org/worklife

Brown and Rounsley, True Selves: Understanding Transsexualism -- For Families, Friends, Coworkers, and Helping Professionals (Jossey-Bass 2003) 288 pages. This book, written by psychologists in the field, uses real life stories, actual letters and other examples to give an understanding of what it means to be transgender and offers practical suggestions for compassionate dealing.

This book, written by a counselor/activist, gives information on the basics of transgender issues, the process of gender transition at work and co-worker issues. Walworth, Working with a Transsexual: A Guide for Coworkers (Center for Gender Sanity 2003) 135 pages

Your Company management along with Human Resources is working to support ___________ during this transition period and in the performance of her job and ask that you do the same. To minimize disruption to our colleague, we ask that you address any questions or concerns about this subject to ___________ , our local Diversity Manager.

Thank you for your understanding and consideration in keeping Company a productive and safe working environment for employees of diverse personal backgrounds.

Step 3: The Employee-Supervisor Mediation

Previously, I blogged about a four-step mediation process to be initiated upon notice to the organization that an employee is going to transition. Today, I will discuss the third step: the employee-supervisor mediation.

At the previous meetings, the employee and the supervisor(s) received a copy of the draft transition plan, with a request to review and make comments to you, the GTL (HR manager in the role of gender transition leader). When you receive comments from employee and management, you should determine the issues of potential conflict, and sound out the employee and manager to see how much flexibility they have on these points.

Prior to the mediation meeting, fill in the draft transition plan to the best of your ability and forward to both employee and management. Give them time to make further comments, which should be forwarded to you (GTL) only. Remind them to send their comments without a cc and outside of the prying eyes of assistants to avoid breach of confidentiality. This mediation will reduce the time, effort and energy required to finalize the plan. Direct negotiation between employee and managers on this sensitive subject without a mediator may result in unintended conflict and hardening of positions.

Schedule a meeting, with both the employee and supervisory management present, to discuss the transition plan. At the meeting, hand out a list of points of agreement and points of disagreement, and note that you expect that both parties will make some compromises. It may be useful to ask which of the points of disagreement are most important to each party. You can also suggest appropriate compromises in mediating the discussion. Make notes of the items agreed at the meeting and send a follow up email to each of the participants afterwards to ensure these were correctly noted. Make sure to ask if there are any questions or concerns other than those discussed regarding the transition plan.

If agreement cannot be reached on all points after a reasonable time in this meeting, schedule a later meeting and request participants to think about possible resolutions. Ultimately, if agreement cannot be reached after reasonable attempts, you should be ready to make the decision and to back up your decision with reasons that will fly with higher management.

Employee and manager should receive a copy of the completed and signed transition agreement. The manager should be reminded that he or she has a duty to keep the information contained therein confidential. This is important because it will prevent either employee or manager from making changes not vetted by HR. This tends to happen when the parties don't have anything in writing to refer to.

In addition, if the employee is transferred to another location, the agreement can be used, if appropriate, to introduce the new location to the company policy without having to re-negotiate from scratch. The draft agreement should indicate that employee transfer requires notification of the GTL while the transition agreement is in place, so that the GTL can determine what, if any, discussions with new management and co-workers should take place. The agreement should also contain a one-year termination date, with the option to the GTL to continue it for another year. After a year, it may be that no one will be able to tell that the worker has transitioned from gender to another, making a dog-and-pony show at the new location more harmful than helpful. Alternatively, the worker may be in a place where some intervention by the GTL would be helpful, and it may be necessary to modify the plan because of differences in the new environment.

In my next post on these issues, I will discuss the most difficult part of the transition plan mediation: facilities usage criteria.

Initial Supervisor Meeting

Previously, I blogged about a four-step mediation process to be initiated upon notice to the organization that an employee is going to transition. Today, I will discuss the second step: the intial supervisor meeting.

Step 2: Meet separately with supervisory management to discuss creation of transition plan and provide information about the Company's guidelines, expectations and resources. This should be scheduled to occur after the initial employee meeting in order to be able to present complete facts to management.

This meeting should take place without the employee present so that the manager(s) can ask questions and express concerns without fear of being embarrassed or upsetting the employee. Because of negative media representations of transgender people, supervisors may have laughably incorrect stereotypes about gender transition. Having the meeting without the employee present will allow you to address those stereotypes up front and correct these misapprehensions. The presentation, during this meeting, of a coherent company policy that addresses the foreseeable issues, also does a great deal to advise the supervisor that the organization is in control of the process, and that their workgroup productivity is not in danger.

It is also important to remind the manager that notes of the meeting, and memos relating thereto, should not be given to secretaries or other personnel until the information is made public. Otherwise, leakage of confidential information is likely, causing an early "coming out" before you are ready to address the issues.

The supervisor may have similar questions to those of the employee: ID, medical leave, facilities usage, customer/client communications, etc. In addition, discussion of site education should also be a part of the meeting. The supervisor may have thoughts about the agenda of upcoming co-worker meetings on the subject, or the credentials of the persons conducting the meetings. He or she may also be interested in managers receiving separate training sessions on handling co-worker responses pursuant to company policy. There may also be a budget for additional educational resources, such as books or videos.

Here is a sample agenda of the items that ought to be covered.

Agenda of meeting with supervisor

• Present employee's plans regarding gender transition
• Note need for confidentiality until co-worker meeting
• Explain basic steps of gender transition
• Introduce idea of a plan to manage workplace transition successfully
• Discuss 4 step process
• Briefly review Company Gender Transition Guidelines
• Briefly review Draft Transition Plan
• Leave copies of Guidelines and Plan and request comments on the plan
• Discuss site education
• Ask about questions/concerns

The next step is meeting with both the employee in transition and the supervisor, which I will discuss next week.

Initial Employee Meeting

Yesterday, I blogged about a four-step mediation process to be initiated upon notice to the organization that an employee is going to transition. Today, I will discuss the first step: the intial employee meeting.

Step 1: The Gender Transition Leader will immediately schedule a meeting with the employee in transition to begin creation of a transition plan and provide information about the Company's guidelines, expectations and resources.

This is an initial meeting with the employee (without supervisory management) to discuss the transition plan. It is important that this meeting take place very soon after notice to ensure that the employee does not take precipitous action that may cause workplace disruption.

Some preparations should be made for this initial employee meeting, if possible, to be able to answer likely employee questions.

• Get familiar with the company policies affecting the employee. The employee is about to go through some difficult times, and may have questions about what the company will be doing to support them. I am not suggesting you go through every single rule and scenario, as this is more of a listening session, but be prepared for some questions about confidentiality, communications with others, dress codes, facilities usage, harassment, ID issues, and benefits.
• Identify and contact local company resources (without divulging confidential information) to determine who, if anyone, specifically has training or experience with gender transition. Directing the employee to someone who does not have the requisite knowledge will signal the organization's incompetence to support the employee. In-house organizations to contact include the EAP, local diversity council, employee affinity group, and HR professionals in other company locations who have been involved in gender transitions. Do not rely on websites written by non-professionals.
• Do independent research on gender identity issues so that you are satisfied that you have some knowledege. It's not necessary to become an expert, but any statements in this meeting to the effect that you don't know anything about transgender identity signals the organization's incompetence to support the employee. There are several good books in print on the subject. Find one, check out the preface, skim the chapters and put it on your desk.
• Get a sense of how many co-workers, customers, vendors and others are in frequent contact with the employee. Down the road, meetings will need to be scheduled with these people for a policy review session, in which the employee's transition is disclosed publicly and the company policy regarding gender transition is reviewed. Since 20-25 people is probably the natural limit for these meetings in order to give people a chance to share questions and concerns, this will give you an idea of what training resources you will need to get these meetings done. Note that these meetings will not be held until the transition plan is in place, and that the employee in transition will not attend this meeting in order to give attendees the opportunity to ask questions with less discomfiture. Getting a sense of who these people are is also useful to determine if there are concerns about potential overreaction by certain employees, vendors or customers.
• Assess the considerations for facilities usage. This tends to be one of the major issues because restrooms, locker rooms and shower rooms are some of the last gender segregated spaces in our society. The employee may bring up the issue, and may take hesitation to mean that their gender is being disrespected. This does not require a decision now, but simply an understanding of the points that the Company will be considering in making this determination.
• Determine if the employee has a security classification. Employees with a security classification who plan to undergo gender transition have an obligation to notify industrial security, and it is good for the employee (and you) to be aware of this up front. Psychological counseling and taking steps to live in a different gender constitute Reportable Events. A gender transition, with no additional diagnosis code, will probably not result in disqualification, though I have heard of a case of revocation. However, failure to report Reportable Events will almost certainly result in revocation of security clearance.

Agenda of initial employee meeting:

The initial meeting should be restricted to a few essential topics. Otherwise, the crucial points may be lost.

• Note the Company's commitment to supporting the employee through a nurturing work environment
• Ask the employee about his or her gender transition plans -- listen carefully for the employee's ideas regarding timeline
• Introduce the idea of a plan to manage workplace transition successfully, and discuss the Company's 4 step process
• Briefly review the Company's Gender Transition Guidelines and give a copy to the employee so they can read it later and understand the Company's expectations and norms
• Briefly review the Draft Transition Plan and give a copy to the employee. Request that they fill in the blanks and note other comments they may have, and send to you via confidential memo.
• Note that this should not yet be discussed with others at the Company, and that you will shortly set up a meeting to talk privately to the employee's supervisor. Stress confidentiality at this point, because early disclosure will result in gossip that may be harmful to the process, and may require a coming-out time before you are ready to address the issues.
• Ask about questions/concerns
• Thank the employee for coming forward and reiterate the Company's support.

The key here, as I see it, is letting the employee know that the Company is going to support them in certain specific ways, and that there are certain expectations about what they are going to do. This will ensure that they don't have unrealistic ideas, such as assuming that it's okay to announce their plans to the workgroup in passing, wear opposite sex attire to the client meeting tomorrow, or discuss their genitals with co-workers. These things may seem obvious to you, but I have seen all of these occur.

The next step is the meeting with the employee's supervisor, which will be discussed in a later post.

The Four Step Mediation Process

In the next series of posts, I will discuss the actual "how-to" after an employee discloses that they are about to transition. I have previously discussed the five elements that a gender transition policy should include, and the first of these is a notification and mediation process to avoid actions that would violate company policy or create legal compliance issues. As a former litigator, I have spent a lot of time with dispute resolution processes. I have seen the good, the bad and the ugly, as well as studying various alternative dispute resolution methods. Here, my preferred process includes four steps that ensure that the parties can express their anxieties about a new work situation and simultaneously ease those anxieties. This requires separate caucuses with the mediator, presentation of a draft transition plan that advises participants of the expected norms, and an arbitration that resolves conflicts. In later posts, I will discuss each of these meetings, their agendas, and the dynamics behind each of the meetings.

Four step mediation process:

• Step 1: The Gender Transition Leader (usually a designated HR person with training in mediation and transgender issues) will immediately schedule a meeting with the employee in transition to begin creation of a transition plan and provide information about the Company's guidelines, expectations and resources

Note: The meeting should be scheduled immediately because the employee in transition, having taken the long-awaited step of telling the organization, is likely undergoing a high level of stress. The stress will probably relate to the desire to take immediate steps towards transition, and concerns that they are about to lose their employment. An immediate phone call to schedule a meeting will help alleviate the feeling that things are out of control. I have seen situations where an employee in transition, feeling despondent that no one in the organization had contacted them after their revelation, took steps to resign, stopped functioning at work, or came to work in the dress of the opposite sex without notice to anyone at the company. I also note that the purpose of the meeting is to begin creation of a transition plan, not to approve or disapprove of the employee's transition plans. At this early stage, it is more important to listen to what the employee is thinking than to give your opinion.

• Step 2: Meet separately with supervisory management to discuss creation of transition plan and provide information about the Company's guidelines, expectations and resources. This should be scheduled to occur after the initial employee meeting in order to be able to present complete facts to management.

It is important that the meetings with the employee and supervisor be separate in order to ensure that the inevitable conflicts of interest between them (minor though they may be) do not create initial sparks before each knows what the other is talking about. It is natural for both employee and supervisor to make assumptions about the other, though many of those assumptions may be wrong. By controlling the timing and phrasing of information disclosure, as any good mediator should, the HR-Gender Transition Leader can ensure that conflicts of interest are mediated, rather than gladiated. In this meeting with the supervisor, the main goals are to communicate that a transition is about to happen, explain very briefly what that means, and to advise of company norms regarding gender transition. This clues the supervisor into the fact that this is a controlled process, that HR is in control, and that the work is not going to be disrupted. This minimizes the supervisor's concern that heroic action on his or her part is necessary to avoid chaos.

• Step 3: Meet with employee in transition and supervisory management together to complete transition plan.

The purpose of this meeting is to fill in the blanks in the draft transition plan previously given to the participants. The mediator will already be aware of their thoughts on the issues, and can highlight the areas that need to be negotiated. I'll discuss the details in a later post.

• Step 4: Set up guidelines review session for co-workers in frequent workplace contact with employee in transition to explain Company policies and expectations with regard to gender transition on the job. The scheduling and notification of this meeting should not take place until the transition plan is signed by the employee and management.

This is extremely tricky because it can easily turn into a referendum on the employee's life choices, or exacerbate the co-worker concerns because it attempts to convince them that "transgender is good." This is why I have called it a "guidelines review session." It is designed to explain gender transition briefly, to communicate the company's guidelines, and what to expect in regard to this particular workplace transition.

These four steps can easily be placed into a procedure document available to HR or Global Diversity in case of gender transition. It represents a form of institutional knowledge about how to handle gender transition on-the-job that is both flexible and normative. It provides certainty to the parties without creating collateral damage. However, it does presume that the HR person handling these meetings has some facility with mediation processes and transgender issues, and that the company has created policies supporting a draft transition plan.

Out & Equal Town Call: Jamison Green

Out & Equal Workplace Advocates, a nonprofit organization that champions safe and equitable workplaces for lesbian, gay, bisexual, and transgender (LGBT) people, hosts a series of "Town Calls" on LGBT issues. On April 27, 2006, the Town Call was entitled "Transgender and Transsexual Workers: Issues for Management" featuring Jamison Green, Transgender Advocate and Consultant. The above link for the call features an audio .wav file of about 20 minutes and links to handouts. I enjoyed listening, and I thought you might as well.

Mr. Green, who is an excellent speaker, transitioned from female to male while working as a manager at Sun Microsystems, and has advised many leading corporations on workplace diversity topics. He is chairman of the board of Gender Education & Advocacy, Inc., a nonprofit educational organization, and on the boards of many other organizations addressing transgender issues. He will be presenting at the upcoming 2006 Out & Equal Conference (Chicago September 14-16). (I'll also be presenting there, but more on that later.) His website can be found at JamisonGreen.com

Here's what Mr. Green discussed during the call:

-Why transgender training is useful
-Defining transgender and transsexual
-First steps employers should take
-What to look for in a consultant
-The 7 steps to best practice

In the Q&A session that followed, these questions were discussed:

• Where can I find templates for policy guidelines for transitioning employees:?
• How have employers been dealing with crossdressing employees who do not intend to have sex reassignment surgery?
• What are your words of advice for transgender employees who are about to transition on the job?
• What do you recommend for companies that do not currently have regular diversity training?
• What actions do you recommend to engage management in this issue?
• How are service industries that involve a great deal of customer/guest interaction dealing with this issue?
• What are the proper pronouns to use for transgender people?
  

After listening, I thought the main issues were handled well. I would have liked more discussion of specific policy tools for transition, such as criteria for bathroom usage, but then again, that might have taken another hour or two. Anyway, my presentation at the upcoming Out & Equal conference is on that subject: "Employer Policy Tools for Employee Gender Transition" (Thursday, September 14 at 3:30 p.m.), and then what would I have been left to talk about?

Issue: Draft Transition Plan

We have previously discussed foreseeable issues that organizational policy on transgender workplace diversity should address. One of these includes "#2. Step-by-step guidelines for accountable units - to make procedures clear and manageable." As an example of this, I set forth below a draft "gender transition plan." The gender transition plan is the mediated agreement that governs the employee's transition.

By creating such a document, HR ensures that both management and the transitioning employee understand their rights and responsibilities, and the importance of acting in concert with the organization. The draft below covers the foreseeable issues that should be mediated by HR, ensuring that HR will not let foreseeable issues slip through the cracks. The plan below is intended to be a starting point. It will likely be changed in the mediation process to address concerns of management and the employee in transition, and it will be necessary in many cases to add additional points which are of significance to the particular organization. I will explain, in italics, some of the issues pertaining to each section.

DRAFT TRANSITION PLAN

The employee known as ________________ ("the employee") has notified the Company of his/her intention to transition from one gender to another. This plan will govern the actions of the Company and the employee in regard to this gender transition, including:

• timeline
• dress
• Company resources
• ID changes
• security clearance issues
• facilities usage
• appropriate norms of conduct for Company employees
• gender transition guidelines review session
• complaint procedures
• deviations from plan
• amendment of plan

1. Timeline

The employee has notified the Company that he or she will begin living in a different gender role on or about ____________________. [Sometimes employees in transition feel naturally anxious to begin living in a different gender role, and may surprise management by coming into work without warning dressed in a different gender role. Conversely, sometimes a supervisor feels the department is unready for the employee's gender transition, and may suprise the employee in transition by asking them to delay their transition until the following quarter or the following year. This section confirms the date so there can be no awkward issues surrounding it. In addition, it becomes a subject of negotiation and mediation, so if the employee's plans are inconvenient, they can be discussed before this document is finalized.

2. Dress Code

It is expected that the employee in transition will adhere to the dress code of his/her new gender, and that appropriate work attire will be worn.

The applicable dress code for the employee is as follows:

[This ensures that the employee in transition understands the appropriate attire for their new gender. Sometime, employees who are new to dressing as the opposite gender do not fully understand the cultural propriety of certain sartorial choices. In addition, if there are special dress issues for the type of work done by the employee, such as uniforms or protective gear, these can be spelled out here.]

3. Company Resources

GTL (gender transition leader) - contact info:
EAP - contact person:
Affinity Group - contact person:
Diversity Council - contact person:
Leave administration - contact person:
Insurance benefits - contact person:

[Although it may be assumed that all parties are aware of whom to contact if there is need for guidance, this is often not the case. The inability to connect easily with resources may lead to serious workplace problems.]

4. ID Changes

The name and gender on all employment records created on or after ________________ will be listed as _______________________.

The name in the HR database will be changed on or about _______________ as follows: ______________________

A new email address will be issued to the employee on or about ______________________. [This makes clear the specific records that will be changed, avoiding confusion about past records. A previous post on this issue is available.]

5. Security Clearance Issues

If the employee has a security clearance, Company industrial security will be notified by the employee in writing no later than ________________. [Gender transition is a Reportable Event.]

6. Facilities Usage

After discussion with the employee and Company management, and based on consideration of the criteria listed in the Company guidelines, the following arrangements have been made for facilities usage:

Bathrooms

Locker Rooms, if any

Other Gender-Specific Spaces, if any

If the employee is notified that he or she or she will be reassigned to another Company location, permanently or temporarily, the employee should notify the GTL as soon as possible.

[A previous post on this issue is available. The last sentence is important to avoid situations where the employee assumes that, because the issue has been resolved a particular way in one location, that other locations will automatically follow suit. This false assumption has led to lawsuits.]

7. Appropriate Norms of Conduct for Company Employees

• Form of address - The employee shall be known by the name of ___________________________ as of ______________. The proper pronouns to use shall be ______________ (he/him or she/her).
• Because most people have not been exposed to gender transition, it is likely that co-workers will make mistakes, such as referring to the employee in gender transition by the wrong name or pronoun, or asking inappropriate questions. Employees in transition should gently correct a co-worker who makes a mistake. It is assumed that mistakes will be less frequent after a reasonable period of time.
• If, after a reasonable period of time, a particular employee continually addresses the employee by the wrong name or gender identity, the GTL should be notified. The employee should not attempt to correct the situation by inappropriate conduct in return.
• If a Company employee, contractor, vendor or customer requests not to work with the employee because of his/her gender identity, such a request cannot be honored. Company cannot subject employees to adverse employment actions based on his/her personal identity. Therefore, Company cannot honor a request to isolate the employee from certain contacts. Those who choose to work with Company must respect The Company's policies. However, the GTL may be able to provide some guidance to the requester that will help make the transition easier.
• Medical information - Other than the fact of gender transition, the employee should not discuss medical condition or procedures with other Company employees. Employees should keep medical information confidential. Discussion of such information at the workplace is a breach of confidentiality, and in such a situation the Company may take action amend the transition plan and/or take corrective action based on such information. Further, it is likely that public disclosure of sensitive medical information regarding gender transition will lower the comfort level of co-workers and require changes to the facilities usage plan.
• Media contacts - All media contacts should be referred to the media office.

[While employees in transition and their managers could simply be pointed to these items in the company policy, the truth is that most people will never read the company policy. It is prudent to alert them to these crucial employee relations and public relations issues early on to avoid inappropriate behaviors.]

8. Guidelines Review Session

A Gender Transition Guidelines Review Session will be held with those in frequent workplace contact, including co-workers, vendors and customers who are in direct contact with the employee. This meeting will be held on or about _______. The purpose of the meeting is to inform them of changes in dress and proper forms of address, The Company's guidelines, and expected norms of conduct. Except for the fact of transition, medical privacy will be maintained.
The employee will not be present at the session in order to give attendees the opportunity to ask questions with less discomfiture. However, if the employee desires, he/she may write a short letter to be given to those attending the meeting. The employee should give the letter to the GTL no later than ____________ to ensure its inclusion in the meeting. The letter should introduce the new name, express the employee's commitment to a good working environment, and if desired, include a short personal message about his/her transition. A letter expressing management support may also be given to those attending the meeting, if appropriate. The management letter should be given to the GTL no later than ______________ to ensure its inclusion in the meeting.

[This specifically spells out the type of disclosure that will be made to co-workers, and indicates the relationship of management and employee-in-transition to the proceedings. It is specifically a review of the Company's guidelines and expectations of workplace behavior, rather than an attempt to convince employees of the appropriateness of the employee's choices. ]

9. Complaint Procedures

Any employee concerns or complaints about gender transition, including those of the employee in transition, co-workers, managers, vendors, customers or others, are to be referred to the GTL, not to the employee in transition. If complaints or concerns are voiced to the employee in transition, the employee should refer the person to the GTL, and notify the GTL.

When concerns or complaints about gender transition are raised to the GTL, the GTL will speak to those concerned to provide guidance regarding the Company's policy. The matter may also be referred through the usual Company grievance procedures.

[This section attempts to avoid referring grievances to the usual grievance officer or committee because failure to understand transgender issues may result in increasing tensions, rather than reducing them. However, it is important to recognize, as in the last sentence, that some matters, such as harassment claims, may have to be referred to the usual officer or commitee for legal reasons.]

10. Deviations from Plan

Deviation from the terms of this transition plan may constitute grounds for corrective action by Company to ensure that the plan is adhered to in the future.

[It is important to alert the parties to the fact that the Company will uphold the plan.]

11. Amendment of Plan

If the employee or the manager feels that the transition plan needs to be changed in order to constitute a reasonable accommodation, the request is to be made to the GTL. The request should be in writing, and specifically state the change requested and evidence supporting a significant need for the change. Within a reasonable period of time, the GTL will contact the employee and supervisory management to discuss the change, and issue a written decision granting or denying the request.

[It is important to alert the parties to the procedure by which the plan is to be changed. Otherwise, one or both parties will take it upon themselves, when circumstances change (as they inevitably will), to make changes that affect the organization negatively.

12. Change of Location

If the employee is notified that he or she or she will be reassigned to another Company location, permanently or temporarily, the employee should notify the GTL as soon as possible.

[While this could have been included in 11 above, the importance of this should be emphasized, as this circumstance can more easily lead to lawsuits.]

13. Ending Date

This plan will be terminate one year from the date listed in section 1, unless the GTL determines, in his or her sole discretion, that circumstances require continuing it for a specific period of time to address problems or concerns that have arisen. The employee and supervisory management shall be notified in writing of the time of extension and the reason.

[It is not good organizational practice to create a plan that lasts forever, particularly where it is intended to address circumstances that are relatively short-lived.]

Issue: Transgender Job Candidates

How should employers and recruiters who are operating under a law or policy prohibiting discrimination based on "gender identity" respond to transgender job candidates? According to the PC version, as noted in another post, gender identity discrimination includes discrimination based on a person's gender identity, self-image, etc. whether or not different from "birth sex." In other words, the issue is my view of myself as female, male, or other. This self-determinative view is to be honored, despite the fact that my birth certificate says "male" or "female." This makes discrimination based on present gender identity illegal, regardless of anatomical sex now or in the past.

Laws and policies, however, while they can dictate behavior, cannot dictate thoughts and prejudices. In our PC culture, all are aware that expressions of prejudice against any group are dangerous. The prejudice does not disappear, but mutates into a socially and legally acceptable form. This generally involves shifting the blame from employer prejudice to candidate ineptitude.

In an example of this, Forbes.com published an article yesterday (linked above): "Most Common Resume Lies." It suggests that transgender job candidates must advise potential employers of their gender identity, and that failure to do so is, if not exactly a lie, a "risky surprise."

"And in one case, a pre-op transsexual woman who called herself Charlene walked into the office of Mary Lou Nash, a Kansas City-based headhunter, who was surprised to meet a 6-foot-4 man whose given name was Charles. While not exactly a lie, surprising a potential employer with a detail like that might be risky."

The article implies that Charlene risked the success of her job search because of her failure to advise potential employers of her gender identity. It also suggests that the adjective "pre-op" is important to the story; but, in fact, the gender identity of pre-op transsexuals is no less protected than those of post-operative transsexuals. However, I admit that the reasoning employed here is tempting, even to those who are liberal in this regard. It is indubitably true that most employers and recruiters would be "surprised" when meeting a transgender job candidate. However, the suggestion that apprising an employer in advance will be less "risky" to the candidate's job status is not sound advice. If the employer is not prejudiced, the notice is unnecessary. If the employer is prejudiced, the notice will simply alert it to disregard the candidate, regardless of qualifications. By analogy, failure of a candidate to advise employers and recruiters of their race could also be called a "risky surprise," but few would now argue that the candidate is to blame for the employer's prejudice.

I am a member of a electronic bulletin board for recruiters. I have noticed that recruiters are extraordinarily honest about the prejudices of their clients, because their livelihoods depend upon their intimate knowledge of them. Here is a recent thread that exemplifies the ways in which prejudice against transgender job candidates manifests itself. These responses are a veritable "how-to" for employers and recruiters with a yen for a job discrimination lawsuit.

Question: "She had a candidate interview with her staffing company. . . However, she was reluctant to tell him about the position. The reason for this is that he interviewed in a really bad lady's wig, and was wearing heavy make up. . . . It is a fairly lower level office job, and the client does not require an interview. Whomever the agency thinks is best they say, send them over. . . [and] she feels that he has the skills necessary to be a good employee. But she isn't sure if it would be a good idea to send him to this position. What she wants to know is would it be proper for her to call the candidate and tell him that he would need to cut down on the make up, lose the wig, and please be sure to dress in a male business casual attire?"

Here are some of the responses from professional recruiters:

"Last I checked, crossdressing and those that participate in this activity are not (and should not be) a protected class."

"As recruiters we are supposed to present candidates with the skills necessary to meet or exceed the success profile for the job. Depending on the role, a man's procilivity for dressing as a female may or may not have an impact on their ability to be successful in the role."

"Representing a candidate who comes to an interview dressed like this would raise serious questions as to just how serious they were about getting a job vs making a social or fashion statement."

"[I]f the person appeared unprofessional (and a "bad" wig is certainly unprofessional; and more to the point - and let's be honest here - a man in a wig is flat-out bizarre to most people), then you can't be surprised when the candidate doesn't get the job...and when the client calls to complain about the quality of the candidates you are sending to them."

"I almost asked 'is this a true story,' but when I was a project manager for a client in a past job, a candidate showed up for an interview similarly dressed. Both situations cross the line of professionalism, in my opinion, and I would recommend to your friend that she not represent this candidate."

Note to HR and Diversity Managers: Make sure your recruiters aren't doing this in your name, and definitely make sure they're not gossiping about it on a public bulletin board.

The "Transgender At Work" website offers the following suggestions for best practices.

If I suspect a job candidate is transgender, can I ask?

Issue: It is unlawful to ask a job candidate their race or their gender. When interviewing a transgender candidate, you may suspect that he or she may be transgender. If the initial interview occurs over the telephone, you will only hear the candidate's voice and not see the person: this may lead you to suspect the person is of a different gender than their name would imply. (For example, a post-operative transgender woman may sound like a man over the telephone.)

BCP [Best Current Practice]: If the candidate volunteers this information, you may discuss it. Otherwise, you should refrain from discussing it or from forming opinions based on this assumption.

BCP: Company policy forbids discrimination based on gender identity or expression. Whether or not the candidate is a man, a woman, or is transgender, the candidate must be evaluated on qualifications and ability to do the job.

Issue: Facilities Usage Criteria

In a previous post, I discussed the foreseeable issues that organizational policy on transgender workplace diversity should address. This includes "#4. Clear facilities usage criteria - to spell out specific policy for access to bathrooms, locker rooms and shower rooms, but flexible enough to address varied situations." In this post, I will discuss the "best practices" criteria pertaining to bathrooms.

A portion of my sample gender transition policy for large organizations is set forth in the main link above. It's currently being used (with some modifications) by a Fortune 500 company with which I consulted recently. As you will see, I recommend consideration of five criteria for making these decisions on a case-by-case basis, rather than a bright-line rule. A bright-line rule is inappropriate for the delicate issues involved, and will undoubtedly raise questions in a distributed organization that has locations in both conservative and liberal political environments. It is, however, important to have criteria set forth in the policy, lest the "case-by-case basis" turn into what the lawyers call "arbitrary and capricious decision-making."

1. Number of bathrooms within reasonable walking distance

If there is more than one set of multi-use bathrooms (multi-use = more than one person at a time) within reasonable walking distance, then one of these may be designated as the bathroom to be used by the employee in gender transition. The reasoning here is that co-workers, if they feel uncomfortable using that bathroom, may use others. If, however, there is only one set of multi-use bathrooms, this is not an option.

2. Availability of single use or lockable bathrooms

If there is a single use bathroom, or a multi-use bathroom that is lockable, that may be designated as the bathroom to be used by the employee in gender transition. However, this should not be assumed to be the best permanent option for all concerned. The employee in gender transition may feel that his/her new gender is not being recognized if they are not permitted to use the multi-use facilities. In my experience, most employees going through gender transition are happy to compromise, at least in the beginning, because they understand that facilities usage is a sensitive issue. If, however, the employee is forced to use such facilities against his/her will for a long period of time, particularly if it involves an additional burden on their time, they may view this requirement as discriminatory.

3. Length of employee’s transition

Over time, most co-workers tend to become more comfortable with the employee in gender transition, and the bathroom becomes much less of an issue than it is at the beginning of the process. If the employee is transitioning to living in the new gender within a few weeks, more time may be needed for co-workers to become comfortable. If the employee transition will take place over a few months, there is time to allow co-workers to become sufficiently comfortable to reduce concerns about bathroom usage to a manageable level. It also depends on the local area in which the transition is taking place. The local culture in some areas are extremely tolerant of differences, and gender transition is in the workplace is accepted more quickly. In other areas, the local culture is more traditional in regard to deviations from accepted social norms, and comfort level with gender transition will progress more slowly.

4. Employee’s comfort level

Some employees in gender transition feel more comfortable using a private single-use bathroom. Others feel comfortable using a multi-use public bathroom, and have successfully done so consistently over a period of time. An employee in transition who is hesitant in using the bathroom may convey anxiety to co-workers, causing objections to arise. This comfort level should be taken into account.

5. Co-worker comfort level

In some work environments, all co-workers are comfortable with sharing a bathroom with an employee in gender transition. In other work environments, a reasonable objection will be raised. The work environment should be assessed to determine the likely scenario. This should not, however, be the sole consideration used in deciding on facilities usage, because there will always be varying levels of comfort and discomfort. HR should work to achieve a reasonable comfort level over time, but it should not be assumed that every co-worker must be delighted with the idea before permitting a transgender employee to use the opposite-sex bathroom.
Rather, the importance of this factor is that it allows HR to prepare appropriate resources to provide guidance to employees who have concerns about the decision.In some environments, conflict over the issue may continue for months after the employee has transitioned. If it appears, after several attempts at mediation over several months, that there is an irreconcilable conflict between the employee’s position on facilities usage and that of management or co-workers, I recommend that the HR group in charge of transition issues make contact with the legal department for their input on an appropriate solution.

NOTE: As you no doubt noticed, I have not included sex reassignment surgery as a factor in the bathroom use determination. There are several important reasons for this, which are detailed in the link above (see Section D).

Lastly, it should be noted that, at some point, the comfort level of the employee in transition and the co-workers usually increases. In addition, the appearance of employees in transition tends to conform more to the expected norms of their new gender with time, increasing co-worker comfort. Lastly, there may be changes to the worksite that change the considerations for facilities usage. The initial decision about facilities usage should be put in place for 30 to 90 days, to be reassessed at the end of that time. Of course, changes in circumstances may be brought up at any time if such changes necessitate modification of the transition plan.

As an interesting comparison, the Human Rights Campaign Workplace Gender Transition Guidelines, which I discussed in a post two weeks ago, handles the issue differently, stating that "Transgender employees will be permitted to use the facilities that correspond to their gender identity. However, usage of reasonable single-occupancy or unisex facilities may be considered for a temporary period during the employee’s transition process or on an ongoing basis. A transitioning employee will not be required to use the restroom of his or her designated sex at birth after he or she has begun transitioning." This could be confusing to some, as it says first that the employee definitively can use multi-use public restrooms, but then says the employee can be restricted to "single-occupancy or unisex facilities." (By the way, what is a unisex facility?)

For those of you wondering about legal positions on facilities usage, I discussed legal cases addressing bathroom issues, and criticisms of those cases in previous posts. There's not much law on the issue at this point, but there soon will be, I have no doubt.

Resource: HRC's Workplace Gender Transition Guidelines

The Human Rights Campaign Foundation has just posted guidelines on workplace gender transition, particularly directed to workplaces where employees are in the process of transitioning on the job.

In a post last month, I discussed the general requirements of good gender transition policy, and offered a copy of a comprehensive policy now in use by a Fortune 500 company. After a brief review of HRC's policy, my general impression is that it fulfills those requirements. Given the prominent position of HRC as America's largest civil rights organization working to achieve gay, lesbian, bisexual and transgender equality, this publication is an important step forward in transgender workplace diversity.

The HRC policy guidelines impress me as extremely liberal in tone, which may not be appropriate for organizations in conservative environments. It is my belief that fit with organizational culture plays an important role in the success of transgender policies. I will review these guidelines in more detail and write a post soon.