Presenters: Mara Keisling & Lisa Mottet, Esq.

May 6, 2014

Serving Transgender Customers at American Job

Centers

Agenda

Transgender 101Understanding Transgender ExperiencesAssisting Transgender Job-Seekers

Terminology

Gender IdentityGender ExpressionTransgenderTransgender WomanTransgender Man

Transition Some individuals will transition from living and working as one

gender to another. These individuals often seek some form of medical

treatment such as counseling, hormone therapy, electrolysis, and reassignment surgery.

This type of medical and counseling support is NOT easy to come by.

Some individuals, however, will not pursue some (or any) forms of medical treatment because of their age, medical condition, lack of funds, or other personal circumstances. Not all transgender individuals will follow the same

pattern, but they all are entitled to the same consideration as they undertake the transition steps appropriate for them, and should all be treated with dignity and respect.

Transgender Women

Pronouns: She, her

Transgender Men

Pronouns: He, Him

Genderqueer, Gender Non-Conforming People and Others

Some folks don’t identify as 100% male or female, but instead as genderqueer or another term they prefer

Pronouns: ask!

Non-offensive Terminology

Transgender People Transgender Woman Transgender Man Gender Transition Trans Whatever the person says they prefer!

Terminology to Avoid

*A term sometimes used by trans community members, so in some contexts it may be

acceptable for them to use

Things Not to Ask or Say:Do not ask:

• “Have you had surgery?”• “What was your old name?”

Do not say:• “I would never be able to tell.”

Respectful InteractionsIf you are unsure of the pronouns

someone prefers, ask them nicelyUse a person’s preferred name in every

circumstanceIf others are not respecting a person’s

gender identity, do something!Inquire about identity and gender

transition only when relevant to your work

Data on Discrimination

National Transgender Discrimination Survey

Methodology: n=6,456Sept. 2008-Feb. 2009Internet and PaperSpanish and English

Key FindingsDiscrimination was pervasive across all

areas of life and all demographics

Education

Employment

90% harassed, mistreated, discriminated against, or hid who they are to avoid it 26% lost a job 44% not hired 50% were harassed 57% delayed gender transition 71% hid their gender or gender transition

48% information shared about them to coworkers

45% referred to by wrong pronouns on purpose 41% inappropriate questions 22% denied access to appropriate bathrooms 9% physically and 8% sexually assaulted at work

Employment

Employment

Employment

Key Findings

Anti-Transgender Bias+

Racism=

Devastation

Key Findings

Respondents lived in extreme poverty,nearly 4X more likely to earn <$10k

Experiences to Watch Out ForDiscrimination and disrespect can come from anyone: intake

staff, job counselors, trainers, other job-seekers, facility security staff, and the employers who are seeking candidates

There are many ways this could play out:The person comes into the Job Center and is not respected

immediately because of the way they look: snickered at, referred to by the wrong name and gender pronoun (he/she), or denied access to facilities

The person has a poor work history because of discrimination and isn’t getting competent assistance by the Job Center staff

Employers won’t hire a transgender job-seeker, even though they are as qualified as other applicants

Additional ChallengesName/gender on ID documents are not updatedGaps in employment history due to discriminationHave lost or let go of past professional contacts and

associations because of transition, or have changed careersDecreased confidence due to experiences of discrimination Never worked outside of street economy beforeHistory of criminal convictionsHistory of substance abuse or mental health challenges that

are aggravated or caused by stress due to discrimination

Best PracticesRecommendations originate from:

Adapted from transgender-serving workforce development organizations as well as employers

The Transgender Economic Empowerment Initiative of San Francisco

Basic RecommendationsHave a written policy of non-discrimination that covers the entire Job

Center, all of its services and affiliated programs, as well as employeesTrain all staff on the policy, including respectful treatment and the

Golden Rule: treat transgender women like other women, and transgender men like other men

Train employers and training providers to not discriminate against transgender applicants and employees

Teach Job Center employees what are the unique qualities and concerns of transgender job-seekers are

Consider developing specialized staff to assist with the complex/nuanced challenges of transgender job-seekers and to intervene with employers committing hiring discrimination

Greeting and Processing Ensure that a person’s preferred name is

recorded and used for all purposes, with narrow exceptions for legal documents

Staff must use preferred pronouns and forms of address. If not sure, ask politely. (“I want to be respectful. Should I refer to you as he or she?”)

Do not ask questions about a person’s medical status or body. It is not relevant and can constitute harassment.

Confidentiality Confidentiality should be the default Follow the preferences of job-seeker on

questions of confidentiality about their transgender status

No obligation to tell employers or anyone else In fact, potential obligation to NOT tell

employers or anyone else

RestroomsApproximately 80% or more of employers are

providing appropriate access

Recommendations: Access to restrooms should be according to a

person’s gender identity at the Job Center and at training programs

Deal directly with, and/or provide training to, those who object or disagree with the policy

Name/Gender Documentation Transgender people should generally be allowed to

apply for jobs and training using their preferred name (unless legal name is required)

Provide information and assistance (or referrals) to job-seekers who need to update their name/gender on ID documents

Maintain referrals for other types of legal challenges, including updating criminal histories

Job Histories May be non-existent and folks are trapped outside of

traditional employment, chronically “unemployed” May have gaps due to discrimination May not include employers with positive references,

either because of bias or because the employer doesn’t know the person transitioned and can’t know

Job Histories - Support Help job-seekers determine which previous employers or

individuals will serve as good references Help job-seekers convert a presumed “bad” reference

into a “good” reference Help job-seekers identify or develop new references, such

as by volunteering full-time Find jobs that don’t care the same way about work

histories Help explain the gaps to a potential employer, with the

job-seeker’s permission, and the potential opportunity to get a loyal employee that other employers are overlooking because of trans discrimination

Reference ChecksA job seeker may want to not be known as trans to a

previous employer, so may want a reference checker to use the person’s old name and gender pronouns

A job-seeker may want assistance explaining their transgender status to a HR person doing the check, and for you to note the importance of confidentiality

If worried the previous employer is outing a trans employee to potential new employers, offer to call the previous employers to hear what the employer says (or have them recruit another person to do so)

Criminal Record A job-seeker may have a criminal record may be due

to survival crimes, like sex work, drugs, or being homeless.

Of trans people, 16% have resorted to criminal activities for income. 7% of those with graduate degrees have done so.

What can you do? Same things as with others – expungement, find

employers that don’t care, explain the issue to employers who care only about certain types of offenses

Interview Support Be able to talk to job-seekers about the pros and cons of

being “out” during the interview and hiring process Be able to talk about how much personal information to

share, or not share, especially related to gaps in employment or previous employment discrimination they faced

Respect a job-seeker’s decision to be out, or not out, even if it does not seem “wise” to you

Dress/Appearance Support job-seekers who dress in accordance

with their gender identity, and don’t tell them to dress against their gender identity

Be aware of employers that allow for gender-neutral dress options

Your specialized staff may be able to provide respectful advice to job-seekers who have questions related to gendered appearance for interviews

Educating EmployersSuggest or require employers to have a non-discrimination policy, and suggest a policy on gender transition in the workplaceExplain benefits of training their staff on how to not discriminate, especially hiring officers and those in HRExplain why transgender applicants may have work histories that have gaps, etc., and are often underemployed and can make particularly loyal employees Explain the importance of confidentialityAsk them if they have positions where a criminal record is not a barrier to employment

Dealing with Discriminatory Employers and Training Providers

When job-seekers report discrimination by potential employers and training providers, consider:Contacting the entity and describing the apparent

problematic behaviorReminding them that discrimination may be illegalSuggesting resources for educating themselves on

eliminating discrimination and maintaining fair workplaces and training programs

Suggest they train and/or discipline their staff

Sample Policy to Share with Employers

Office of Personnel Management “Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace”

From OPM - ExcerptsConfidentiality and Privacy: An employee's transition should be treated

with as much sensitivity and confidentiality as any other employee's significant life experiences, such as hospitalization or marital difficulties. Employees … may be concerned about safety and employment issues if other people or employers become aware that he or she has transitioned. Moreover, medical information received about individual employees is protected under the Privacy Act (5 U.S.C. 552a).

Sanitary and Related Facilities: … For a transitioning employee, this means that, once he or she has begun living and working full-time in the gender that reflects his or her gender identity, agencies should allow access to restrooms and (if provided to other employees) locker room facilities consistent with his or her gender identity.

A Good Non-Discrimination Policy Includes

Should be updated to include “gender identity or expression”

Should include an OPM-style gender transition policy, just as recommended for other employers

Why? This helps set the tone for client services, as well as expands your ability to hire and retain transgender staff members who may be able to lend assistance to your staff regarding transgender job-seekers

Community OrganizationsFigure out what local/state transgender organizations

exist and develop relationships with them (and help you identify trainers and other resources)

Reach out about the services that the center offers, such as job training

Support/partner in transgender job fairs, where employers are trained/educated in advance

Support/partner in “know your rights” trainings

Trans/Friendly OrganizationsWest and Southwest: Gender Justice League (WA), Trans

Justice of Basic Rights Oregon, Transgender Law Center (CA), Gender Justice Nevada, Equality Utah, Trans Resource Center of New Mexico, Southern Arizona Gender Alliance, Montana Human Rights Network, LGBT Center of Colorado

Midwest: FORGE (Wisconsin), Indiana Trans Rights Advocacy Association, One Iowa, Outfront Minnesota, PROMO (Missouri), K-STEP (Kansas), Transgender Michigan, TransOhio

Trans/Friendly OrganizationsSouth: Southerners on New Ground (all of the South), Freedom

Center for Social Justice (NC), Louisiana Trans Advocates, Tennessee Transgender Political Coalition, Trans*Action Florida, Transgender Education Network of Texas, Arkansas Trans Equality Coalition, Equality South Carolina

Northeast: Maine Trans Net, Transgender New Hampshire, RU12? of Vermont, Massachusetts Transgender Political Coalition, Gay & Lesbian Advocates & Defenders (all of NE)

Mid-Atlantic: Trans Rights Network of New York, Gender Rights Advocacy Association of New Jersey, Equality Pennsylvania, Maryland Coalition for Transgender Equality, DC Trans Coalition

For More InformationFor assistance, contact either of us:

Lisa Mottet, lmottet@transequality.orgMara Keisling, mkeisling@transequality.org, ORClair Farley, Transgender Economic Empowerment Initiative,

clairf@sfcenter.org, 415-865-5632For data from the National Transgender Discrimination

Survey, go to www.endtransdiscrimination.orgFor OPM’s Transgender Guidance, go to

http://www.opm.gov/diversity/Transgender/Guidance.asp