Transgender Employee Issues

Question:

I have an employee who has just announced that he plans to become a woman. He wants to know if this will affect his employment or the atmosphere in the office. He’s a great employee and a personal friend, so I want to make sure that my business is as supportive as possible, I just don’t know what I should do. I’ve thought of a few issues that may arise, but I’m positive I’m overlooking some things.

I also want to make sure that I fulfill any legal obligations I might have. Is there a law that covers the treatment of a transgender employee? What am I required to do?

Answer:

When a business has a transgender employee, it can create some unique situations. Most businesses want to welcome and support their transgender employee or employees, but simply don’t have any idea where to start.

The law on this subject doesn’t provide any clear answers, either. Federal law doesn’t directly prohibit discrimination based on sexual identity, but several states and many more local governments have enacted laws that protect a transgender employee from discrimination based on their status as a transgendered individual.

You should definitely check with your local government to see if there are laws on the books that cover your situation and offer guidance on how to proceed.

In the absence of a clear legal roadmap, there are still some things you should do and consider to ensure that your employee’s transition is a smooth one for them, and for your business as well.

First, you will probably need to update the information in the employee’s records. This will be important for ID badges, insurance information, organizational charts, etc.

Next, there are some practical matters to attend to: what bathroom should your transgender employee use? How do you inform the rest of your business to prepare them for the change? Does this represent a potential problem for your clients or customers? Would your business benefit from workplace training?

If you haven’t already, now is a good time to develop and integrate a diversity policy into your employee handbook. This policy should state your business’ commitment to equal treatment of its employees and its desire to foster an atmosphere of tolerance.