Transgender Issues @ Work

Report by The HR Deptat SLKMK Inc

Team Members

Sheela IyerLinda CoxKitty HaradaMubeen SalihaKatherine Theodore-Jones

About SLKMK IncFounded in 1994Located in Palo Alto, CA600 employees located across the Bay areaManufacture chargers for cell phonesLatest product is the “Unicharger” One charger for one brand

Mission @ SLKMK Inc

To support our customers by providing superior products and services of exceptional value which help them gain competitive advantage in their markets.

To provide a nurturing and growth oriented environment which encourages our employees to be highly productive and to grow personally and professionally.

Problem StatementReason for Report

John VanRoss has been employed by SLKMK for the past 8 yrs. He has been a top performer and is liked and respected by his co-workers

Mr. VanRoss recently announced to his manager that he was thinking of undergoing sexual re-assignment surgery

The manager in turn asked the HR for advice on how to handle this

Mr. VanRoss is concerned about the reactions of his colleagues

His manager wants to handle the situation appropriately since this is the first time we are dealing with this issue at SLKMK

The HR is concerned about discrimination, productivity, retention andcosts associated with this issue

The management along with the employees wants to establish proper policies and procedures to be seen as an equal opportunity, progressive and employee friendly place to work

Evaluation of the problem

John’s manager and HR evaluate the situation taking into account:

John’s excellent performance and performance appraisal ratingsHis strong sales record over the last 8 yearsWorkplace transgender issues and precedence in CaliforniaPotential lawsuits ad legal cost if the manager decides to terminate JohnThe cost associated to hire and train new employees

Terminology

•This term refers to the classification of people as male or female. Sex is assigned to a person at or before birth based on chromosomes, hormones and reproductive organsSex•While this term is used interchangeably with “sex”, refers specifically to behavioral, cultural, psychological or even social traits associated with one sexGender•This refers to the person’s felt psychological sense of gender and may or may not correspond to the person’s body or sex assigned at birthGender Identity•This refers to the external characteristics or behaviors exhibited, that are socially identified with a particular genderGender Expression

•Describes a person’s enduring physical, emotional or romantic attraction to another person Sexual Orientation

•Refers to people who have a tendency to move between masculine and feminine type behavior depending on context Bi-gender

Terminology Contd…

•This term is used to describe people who express or experience their gender differently from conventional or cultural expectationsTransgender•The fear, hatred or discomfort with people whose gender identity or expression do not fit into the conventional cultural normTransphobia•A person who is in the process of changing or has changed his or her physical sex to conform with their sense of gender idenityTranssexual•Process by which a person modifies his or her physical characteristics to be consistent with his or her gender identityGender Transition

•This refers to people who wear clothing and accessories normally associated with society as belonging to the “opposite” sexCross Dresser•Refers to persons born with sex chromosomes, genitalia or internal reproductive systems that are not considered standardIntersex

Reasons for policy change

While being motivated in part due to concerns about workplace fairness, both private and public sector employers are incorporating protections for gay, lesbian, bisexual and transgender employees, because they see it as a business necessity and as part of their diversity initiatives.

This changes will help create an inclusive work environment not only for recruiting purposes, but for employee morale, and relationships with clients and other business partners. It will also show that the management takes diversity initiatives seriously.

While it’s the employee’s wish to disclose certain personal information at work, transsexuals who plan on staying with the same employer do not have that option. Therefore employers, co-workers and managers become part of the transgender employees’ transition process.

Reasons for Policy ChangeCorporate Fairness

Corporate Reputation

Competitive Advantage

Changes in workplace

Business

Reasons for Policy ChangeCity and County Ordinances

State Laws

Federal Laws

International Laws

Legal

Policy Recommendations

Protected Category

• Include gender identity or gender expression as a protected category in the company’s anti discriminatory and anti-harassment policies

Establish Guidelines

• Institute gender transition guidelines that clearly define roles, responibilities and expectations for superiors, peers and the transitioning employee as well

Education & Compliance

• Incorporate education and training about gender expression and identity into the company’s diversity and EEOC programs

Policy Recommendations Contd…

Ensure Privacy

• Keep employee’s health status private and confidential with access on a need to know basis. Also discussions about hormone use and surgery is off limits at work place

Proper Documentation

• Change the employee’s name and gender in all personal and administrative records such as email, business cards and insurance records

Facilities Use

• Permit to use sex-segregated facilities that correspond to his/her full time gender presentations regardless of the stage of transition

Policy Recommendations Contd…

Dress Codes

• Modify dress codes to ensure that gender stereotypes are avoided and apply to all employees consistently

Benefits • Medically necessary

treatments and procedures should be included in the employer provided health care and short term disability coverage

Education & Training – Guidelinesfor managers, co-workers and transitioning employees

Guidelines for transsexualsGuidelines for coming outChecklist for transitioningGuidelines for gender bendersGuidelines for bisexualsGuidelines for supportive co-workersGuidelines for un-supportive co-workersPointers for co-workers whether supporting or not

Why is discrimination badRepurcussions from being discriminatory

Costs associated with discrimination

• Unchecked bias has secret costs. Every year more than 2 million managers and professionals leave workplaces each year due to unfairness costing employers $64 billion annually

Mitigating risks of lawsuits

• Businesses that have established clear educational programs and systems to address and resolve claims f discrimination and harassment may be less vulnerable to lawsuits and multi-million dollar penalties

Public Opinion

• According to a survey 72% of Americans agree that “fairness is a basic American value and employment decisions should be based solely on educational qualification and job performance including for transgender people

Guidelines for coming out

Decide when time is right

Approach an ERG if available

Approach HR for guidelines

Discussion with your Boss

Discussion with coworkers

TRANSITION

What to do during Transition

Do the advance preparation correctly

Things to do on the day of the announcement

Things to do after the announcement has been made

Things to do on the day of the transition

Guidelines for Bi-genders

Coming out

Gender Expression

Cross dressing @ work

What to wear

Pronouns Names

Do’sDon’ts

Guidelines for co-workers

Create a safe spaceListen for cluesCreate conversational opportunitiesFeel free to ask questionsGive helpful tips on presentationBe alert for gender phobic language

How to implement the new policyMake training materials available to employeesHave HR & Managers trained and ready to answer questionsEncourage employees to ask questionsConduct training workshops and seminars on relevant topics eg. Diversity appreciationHave someone come in from organizations which support transgender initiatives to talk to employeesEducate managers on possible scenariosEducate employees on how to answer customer questionsProvide compliance training

Cost of providing BenefitsGender Transitions- Medical Treatment Cost & Utilizations

Medical treatment cost and utilization for transgender related care varies. This cost is dependent on the number of employees and dependents who make claims for coverage, services and procedures and the employer’s total number of employees.

The average cost associated over a five year term of employment with surgical transition is $25,000. This estimate is based on the following

$5,000 per year for two years of one hour sessions per week$1,000 for prescription drugs over five years$8,000 to $13,000 for surgery from male to female$4,000 to $10,000 for surgery from female to male (chest & hysterectomy)$50,000 maximum if genital surgery is performed, few have this surgery

Cost of providing BenefitsGender Transitions- Medical Treatment Cost & Utilizations

Other costs :

Although health insurance is provided for the transgender employee, most health insurance contracts are written that deny coverage for specific medical treatment, even though these treatments are medically necessary and follow internationally accepted standards of care.

To fill this gap Short term leave coverage is recommended.

Expected Results

Few FactsAmerican Community survey indicates that the highest GLBT populations are in California, Washington DC, Florida, Illinois, Texas and New York

It is also imperative that to be an equal opportunity employer and to have the best possible talent, corporations have to be open to having a diverse workforce

Thank you!