is my transgender coworker using the right bathroom? by Alison Green on May 7, 2010 A reader writes: I have a question of how/if/when transgender coworkers get to be treated as such in the workplace. Specifically, there is a man in our office (widely known as such) who wears women’s clothing, hairstyles, shoes, makeup, etc. every day, and refers to himself as “she”. Some women in the office have been claiming that his use of the women’s restroom constitutes sexual harrassment. Employees of both sexes have claimed that if he is male, he’s violating company conduct and dress codes by wearing women’s clothing to work. The problem is, we have no idea if he is fully transgender, ie, with a legal right to be treated as female in the workplace, or if he’s just a guy that likes to crossdress and use the wrong restroom. We have no way of knowing what his “legal” gender or even his name are; he goes by a female name but no one knows if that’s what’s on his official employee documentation. I’m sure HR would balk at being asking to reveal an employee’s “real” gender, but how else can the rumors and dissent be calmed? It seems to me that if someone says they’re transgender, they are. There’s not a litmus test that involves coworkers making them “prove” anything. But I also know very little about this issue, so I asked Dr. Jillian Weiss, who has researched and written extensively on transgender issues in the workplace, for her guidance on this situation. She says she’s never heard of a situation where an employee just suddenly starts crossdressing and using the opposite sex bathroom; normally, there is a process, agreed to by the employer. She raised the possibility that this may not be a real situation, but we’ll proceed as if it is, because either way, it’s an interesting issue to explore. Dr. Weiss explained that the answer to the question posed here depends greatly on the laws of the city and state where the situation occurs, but in jurisdictions that do have gender identity anti-discrimination statutes, none impose any medical or surgical requirements to qualify for workplace protection. In other words, when there are laws protecting trangender employees, what matters is how that person has decided to self-identify (male or female), not what their legal or biological gender status is. Now, to the direct questions raised, she says (emphasis mine): It is important to note that the situation presented is very unusual, because almost all employees who transition on the job notify their employer, which in turn notifies co-workers of the new gender, name and appropriate pronouns to be used in the future. Most employers have a meeting with co-workers to explain the company’s non-discrimination policies and how they affect the workplace in the situation of gender transition on the job. It’s extremely unusual to hear of a situation where a co-worker starts wearing clothing of the opposite sex and starts using the other restroom without any notice to employer or co-workers. More significant, then, is the legal principle that the law generally accords employers the right to set the terms and conditions of employment. In the two court cases that have addressed the question of bathroom use by transgender workers, both in Minnesota, the rulings have indicated that the employer has the right to set whatever policies it would like with regard to its transgender workers. The federal district court in Minnesota upheld the right of an employer to allow a transgender employee to use the bathroom of the new gender, and specifically noted that co-workers have no cause of action for sexual harassment. In a separate case, the Minnesota Supreme Court upheld the employer’s right to deny the bathroom of the new gender to the transgender employee. Thus, it is usually up to the employer to decide what is best. The key fact here is that employers usually do not know the medical history of their transgender employees, nor would such knowledge be helpful in determining the best policy for the organization. For those who have objections to transgender persons using public restroom, the problem usually lies in the fact that the person transitioned from one gender to another on the job, thus creating a situation of visible androgyny. The fact that the transgender worker had certain medical procedures usually does not alleviate the concerns of those who object and, as I pointed out, does not change their “legal” gender. What is much more important than questions of whether someone is “really” transgender is the attitude of the employer and co-workers. In thousands of companies where a person has transitioned on the job, a positive workplace environment has been preserved where people of good will work together. Discussion of company policies and a meeting with co-workers to discuss the new situation can be helpful in addressing questions and concerns that co-workers may have. The situation posed by our reader illustrates the types of problems that can occur in the absence of this forethought. She also notes: “The question of whether someone is ‘really’ transgender, or what their ‘legal’ gender is, cannot be answered because our society has a patchwork quilt of social norms and legal regulations that make this area of the law fairly unintelligible … It is worth noting that the federal Employment Non-Discrimination Act, now pending in Congress and given a fair chance of passage, would aid in this because it would include definitions that would apply country-wide. That would be very helpful to hapless human resources managers across the country who often face these questions.” Her answer makes a lot of sense to me, and as is so often the case with workplace issues, it comes down to being open and straightforward. If we do have all the facts here, then the employer has mishandled this badly, by not addressing this or giving people any guidance and instead leaving it to be dealt with by “rumors and dissent.” And the employees themselves aren’t handling it well — but it’s hard to be surprised by that, because society really hasn’t taught people how to respond to issues related to trans people. Far from it. I recommend that the letter-writer point out to her HR department that this needs to be handled more proactively and refer them to materials like the following to get them started: – Human Rights Campaign’s workplace gender transition guidelines (this page includes links to the gender transition policies of companies such as Ernst & Young, Chevron, and Boeing) – Dr. Weiss’s model letter from management – More resources from Dr. Weiss for managers of transgender employees You may also like:the men in our office use the women's bathrooms ... only for poopingemployer requires women to wear perfect makeup -- and writes them up if it's smudgedI'm distracted by my coworker's very visible cleavage { 37 comments }
jmkenrick* May 7, 2010 at 10:47 pm I just want to say that I feel that you did a great job of answering this question. This is a sensitive topic that many people feel strongly about, and I think this answer is both useful and respectful.
Anonymous* May 8, 2010 at 2:09 am This is definitely a tough situation. I'd say that if this person wore women's clothes consistently, and consistently referred to themselves as "she," that's a pretty good indicator. Someone who's messing around would probably slip up once in awhile. Bad litmus test, but whatever. Hard to strike a balance between making sure that people are treated fairly and making sure that opportunists don't try to use opposite gender restrooms for other reasons. Unfortunately, as Ask A Manager said, usually the larger problem is that transgendered folks aren't treated fairly.
Katie* August 16, 2011 at 6:14 pm But it seems *extremely* unlikely that a grown man would dress like a woman and use a woman’s name *every day* just so he could sneak a peek in the ladies room. I mean, honestly.
Anonymous* May 8, 2010 at 2:12 am This letter is missing a lot of details, but if it is real, I have the sense that everyone in the office is a bit older. I'm 28 and have only had one direct experience with someone transgendered in a workplace. As pro-GLBT as I am, there's no way around the sheer newness of the situation. We don't really have any cultural/societal information on how to react (for instance, is it ok to ask the person about their transitioning? If you chat about fashion with them, will they think you're trying too hard or assuming they're "drag queens"? etc etc etc). At the time I was living in New York, and I took my cues from my colleagues who were the same age. But I could see this happening in, like, Ohio, and being incredibly awkward.
Kylee* August 6, 2013 at 2:54 pm “We don’t really have any cultural/societal information on how to react ” How would you react to someone who is Cisgender (not transgender)? if the are Male to Female, treat them as you would ANY woman and vice verse for Female to Male. this is reall ALL we ask for. “for instance, is it ok to ask the person about their transitioning? ” generally, it depends. some people don’t mind. others do. it can be a rather private and personal thing. on thing to NOT ask is if they have had genital reconstruction surgery. would you want someone you barely know asking about YOUR genitals? don’t think so. ” If you chat about fashion with them, will they think you’re trying too hard or assuming they’re “drag queens”? ” depends on the person. me, I’d rather talk about sports, or hunting, or politics. people have varied interests. not all MtF trans* people are into fashion and super femme. I’m more of a butch myself. also, don’t assume about sexuality. we are varied in that (though many ID as bi- or pansexual) basically, the way to treat transgender people is to treat them as PEOPLE. that is ALL we really want
Ask a Manager* May 8, 2010 at 2:26 am jmkenrick: Thank you! It was nice to have an opportunity to address something like this. Anonymous 8:59: She said that she'd never heard of a situation where someone just start this randomly without there being a coordinated process with the employer, and that it seems unlikely that any sane transgender person would do what's described in the letter! That said, I know we don't always get all the relevant details from letter-writers (not because they have an agenda, particularly, but just because people don't always know what will and won't be important to include), and sometimes those inadvertent omissions can make something sound questionable. Anonymous 10:09: Yeah, I think the big worry is how horribly people can be treated in these situations, way more than that someone might be dressing like a woman every day solely to get the titillating experience of using the women's bathroom. Anonymous 10:12: I definitely think that demographics can play a role in how accepting or not accepting people can be in situations like this, although of course there are plenty of exceptions!
Katie* August 16, 2011 at 6:17 pm It seemed to me that the person in question has been identifying and working as a woman for a long time, since none of the other employees know her by a “male” name. If transition took place *before* the person began their employment, that changes the landscape quite a bit.
TheLabRat* May 8, 2010 at 2:09 pm Since many transgendered people decide not to have the "bottom" surgery for a variety of reasons, penis and vagina are not even the legal determining factor for transgender in many states. So a person may be considered the opposite gender they were born as for all legal purposes and still have their original equipment, as it were. Aside from that, how does a person quietly minding their own business while they take a leak and wash their hands impact your privacy in any way shape or form? Having your privacy invaded in the bathroom is having someone talk to you (if that bugs you) or walk into the room with the actual toilet. Presumably that would be one stall of several in this case, because if this is a "one room and only one person at a time restroom" and people are still freaking out, then I feel the need to figuratively smack someone. AAM, I'm glad the doc you spoke with brought up how unusual the situation was. That made me question the employee as well and I DO know a lot of trans folks. But self identity is a hard thing that people struggle with under more common circumstances, so it wouldn't surprise me for someone to go about it this way if they had no real support network and no access to guidance.
fposte* May 8, 2010 at 2:47 pm Since women generally have stalls, I wouldn't be particularly bothered by sharing with a MTF transperson I already know in the office. It's not like it's sanctified penis-free space that'd get polluted or anything, and if all this person is after is the sound of women peeing, well, that's a whole lot of trouble to go to for that. I don't get why this person is "widely known as [a man]" if she is calling herself female and wearing women's clothes. I'm in agreement that something hasn't been handled well already if that's the case. (I don't think that's impossible, but I think the notion that the letter is a bit of a chain-yank isn't impossible either.)
Cynthia R.* May 9, 2010 at 6:20 pm I think that AAM did an excellent job of addressing this question from a business/HR standpoint. My personal opinion is that individuals need to be more accepting of and open to things that they don't understand. Unless your coworker is in the stall with you (that would be frightening, regardless of gender), what's it to you? What privacy are you trying to protect that half of the office can see and the other half can't? Even if it's confusing for you or goes against your personal beliefs, this is a perfect chance to apply some compassion and to treat someone as they wish to be treated. And if that makes you feel put out, just know that you probably do some things that other people don't approve of, but which they accept out of compassion for you. Make the world nicer by being nice.
Kim Stiens* May 9, 2010 at 10:17 pm The whole sex-segregated bathroom concept is something that is going to have to go the way of the dinosaurs soon, now that society is becoming more accepting of alternate genders and sexualities. Basically, I feel that all bathrooms should have stalls, and be co-ed. This eliminates all problems. Why have men put up with having to whip it out in front of other people for so long? Same thing with locker rooms: subjecting people to a lack of privacy is the problem… once you can pee or change in a locked room or stall, it really doesn't matter what the gender of the person in the next locked room or stall is. I also really liked the comment above: What privacy are you protecting that half the office is allowed to see, and the other half not? The dividing line between men and women in these matters is pretty arbitrary, and based entirely on the idea that the whole world is straight, which we now know isn't the case. :)
Anonymous* May 10, 2010 at 11:58 am This is OP again…I'm not sure why Dr. Weiss thought this person had "suddenly transitioned"…my original letter said nothing like that. This person applied for the job as a female, and has always dressed/acted as such; there was no sudden change. Nevertheless, somehow word has gotten out that she is actually a he, and that's when the complaints about dress code and restroom use began.
Katie* August 16, 2011 at 6:23 pm If I were your employer, I’d have a serious talk with my employees about malicious gossip.
Anonymous* May 10, 2010 at 12:22 pm OP one more time…..some more details to clarify….. Like I said, this person has always presented themselves as female. I'm not sure how the gossip got around that she was actually male (or used to be.) She may have actually told some people directly about her transition, or the information may have come out by accident, but it's one of those things that's become a backbone of the office gossip culture. New employees have her pointed out in the cafeteria or something as part of their office tour…."just so you know….that's really a man". "Did you know Charlene is really a guy?" Yes, I know, appallingly immature. But what happens is someone has this pointed out to them and they start up with the "Omigod! I used the bathroom when he was in there! I'm suing". Men who object to the company's dress code wonder aloud why "he" gets to "get away with" wearing dresses. HR to this point has not been involved. I don't know how much "Charlene" knows of this talk, and I don't know whether or not she's complained to HR about the gossip. I also don't know if any of the offended conservatives have taken the dress code or bathroom issues to HR; the dept. has issued no statements of any sort. HR in our company in general tends to be very passive. My question was from the standpoint of a tolerant employee who likes "Charlene" and would like to tell the gossipers to just shut up. I was looking for some sort of ammunition where I (and others of similar mind) could point out "look, she can use the women's bathroom without having to prove anything to anyone and _you're_ the one guilty of harrassment." Dr. Weiss' information helps in this regard. And, can I just add, WTF is up with people thinking I'm lying? What's that about?
Anonymous* May 10, 2010 at 12:44 pm I had a similar situation at my previous job. I was a recruiter supplying production employees at a company in the area. I registered someone I presumed to be a man – I'll call him "Chris" – he had a similar non-gender-specific name. He was dressed in a sweatshirt and jeans when I met him, and I didn't give it another thought. On his 2nd day of work, complaints started coming in about Chris using the ladies' room. Turns out, Chris identified as a woman. We had to basically let our female employees know that Chris was in fact allowed to use the ladies' room facilities. Awkward at first, but they gradually came around to it as Chris established herself as a great employee and developed workplace friendships. On a side note, when the site supervisor first sat down with her about this, her initial response was a tired sigh, and then "Do I need to get my lawyer?" Sad, for that to be the automatic response.
idappaccayata* May 10, 2010 at 1:36 pm Look, it's easy: Did the TG employee obtain a name/gender marker change? If so, then let HER use the appropriate restroom (female). Unless she is skulking around the restroom, peeping under stalls (which is a rather silly idea), the sexual harassment charge runs contrary to caselaw. However, the employer may be open to sexual harassment clams if the TG employee is legally female gendered and the employer is forcing her to go into rooms where male employees are in a state of undress. I agree that the case the reader wrote about is really strange. In my decade-long work with this population, I've not yet encountered a situation like that. Lastly, Ask a Manager wrote a common sense response that's respectful of both employers and employees. Thanks!
KellyK* May 10, 2010 at 2:11 pm I like Kim Stiens, Anonymous 12:41 & The Lab Rat's comments. Women's restrooms have stalls, so you have plenty of privacy–the "equipment" or gender status of the person in the next stall should be pretty irrelevant to you. dustycrown's comments about privacy strike me as kind of contradictory. How is it not a violation of privacy to expect someone to prove that they have the "equipment" to use a given bathroom? Where's the violation of privacy for the non-transgender person? Someone with the wrong "equipment" might…what? See you washing your hands? Hear you going to the bathroom? Unisex bathrooms with stalls would make this so much simpler. Failing that, people should get to use the bathroom that goes with their gender identity. People's body parts aren't any of their coworkers' business.
Matt Ugray* May 10, 2010 at 3:12 pm It seems to me that the authenticity of the letter was questioned due to a misunderstanding. It seems clear to me that the woman in question arrived at her current job already transitioned from the part where the letter writer says "We have no way of knowing what [her] 'legal' gender or even [her birth] name are." Had she transitioned on the job, everyone who knew her would be aware of her birth name.
Deanna* May 10, 2010 at 4:21 pm ariablue: the lie is that sex and gender are binary. In reality, sex is not binary, but instead a scatter diagram and gender is an even larger wscatter diagram. God our creator has provided us with a diversity, and transgender people are just one expression of his gift of diversity to us.
a. brown* May 10, 2010 at 4:45 pm The OP should definitely stand up for this employee. If not for her specifically, at least to let people know their gossip is incredibly hurtful and immature.
Anonymous* May 10, 2010 at 8:05 pm This sounds like what they (my co-workers and probably management too) have been doing to me for years. I've been working for this major company for 10 years. When I was hired, I was already transitioned (post-op), had all my legal documentation (SSA, DMV records) changed but something happened along the way (maybe my co-workers figured it out, I don't know). Five or so years ago, I started to get some hairy looks from co-workers & even some members of the management team. They always look at my chest and probably think that my boobs are "fake". I've also been asked some very personal questions "are you married?" "do you have any kids?". It's been really hard, but I need my job; the pay is great and I'm not quitting. Thankfully, I live in one of the states that has employment/housing protections for transgender people, but sometimes I wonder if their (my employer's) bigotry & intolerance could eventually harm me in ways that I still don't know. Sorry, I needed to get it off my chest. Sometimes I wonder if all these fights for "equality" are just an illusion. You would think that a former transsexual person who's now post-op, has all her documentation changed wouldn't have to go through all this BS, but here I am.
Anonymous* May 10, 2010 at 10:05 pm For those who seem hell bent on this requirement that surgery must be performed, get lost. Do you understand how expensive it is, and how many insurance plans do not cover it? Do you understand that not even federal HSA programs allow it to be reimbursed? Forcing her to live as a man at work simply because she didn't fit your arbitrary "concerns" is cruel and bigoted. I just cannot understand why so many of you are concerned with what people have or do not have under their clothes. You are not the final arbiter of someone's identity, the individual in question is.
Abby* May 11, 2010 at 4:34 am AAM, I appreciate your consulting Dr. Weiss on this issue. She has as much or more experience as anyone in the U.S. on helping employers design policies to handle transgender employees, whether they transitioned on the job or before being hired. I do have one criticism, however. The word "transgender" is an adjective that describes a state of being and/or a personal identity. It is not a verb describing a process. Therefore, saying that someone is "transgendered", which implies that they have undergone some particular process to become who they are, is improper. For example, even though the doctor told my parents that I was a boy, I've identified as a girl and a woman since I was very young. Thus, I have always been transgender, specifically, a transgender woman, even though I didn't transition to living full time as the woman I am until a few years ago. In other words, a transgender person may or may not transition to living publicly consistent with her/his gender identity, but s/he is transgender either way. You will do the trans community, and your readership, a great service by correcting this error and educating them and yourself on the proper terminology when discussing these issues. (If you review Dr. Weiss' comments, you'll see that she always uses "transgender," never "transgendered.")
Ask a Manager* May 11, 2010 at 5:02 am Abby, thanks for clarifying that; I hadn't known that. I changed the word in the post.
Anonymous* May 11, 2010 at 9:13 am With Surgeries costing around $20,000 alone.And discrimination rampant hormones are usually all many Trans woman can afford.Being in a locked stall I've never had any problems with any other woman. Then I'm to busy trying earn comfort from my bladder than worryin or even thinking about anyone else.CristaIf you so scared of a Trans person then befriend one. I can garauntee you in time they will most likeley be the MOST loyal friend you can ever wish too have.
GIJane73* May 11, 2010 at 9:31 am If this person is actually undergoing transition and is under the care of medical and mental health care then SHE will have paperwork to support the fact on the lines of that she is undergoing treatment as a male to female transsexual. That this is to be a permanent change and this is a note from her doctor to to support this . Your HR department will be aware of this persons change and they should've informed the female members of staff prior to this person returning to work in her new gender role. Your employer can only ask this person to use the disabled facilities for a short period of time until it becomes discrimination as being a transsexual is not a disability it is a birth defect that is corrected with medical treatment, counselling and ultimately corrective surgery . I personally do not see what your problem is , if He or She whatever you wish to refer to her as (be aware if she is in transition and living legally as a female it actually becomes illegal to use male pronouns on this person and she can take you to HR and Equal Ops boards with a complaint if you do.) The female facilities are all cubicles you do not sit there with the door open with your bits on show and I'm sure this person will sit to pee along with the rest of you. She will close her door and if she really is a transsexual will not want anyone to see her existing male genitals and even once she has her surgery will not want you to see her new bits any more than you would flash your genitals to all and sundry. Put yourself in her position, shes not going to go into the gents, hitch up her skirt, whip her boy bits out and use a urinal is she when all day long she presents as a female ? What would the point in that be ? This person is probably going thru one of the biggest life changing events you can imagine and you are going out of your way to make life even more difficult. Chances are she has lost friends over this and maybe family have disowned her too, she is probably going thru her 2nd puberty, remember how bad it was in your teens? imagine all that again as an adult! Grow up and accept it. There are human rights documents in place for the protection for transsexuals in the work place and any discrimination against them you could find yourself on the receiving end of litigation and not this poor person regardless whether she looks like a man in a dress or not. Not all trans people look like the lady boys of south east asia, they have grown up as men and their bodies wont change over night or much at all sometimes, so cut her some slack . I myself work for the British Army and have encountered a girl in my own corps who went thru this and it was bad enough the guys giving her grief without so the girls stood by her and now she is intergrated as one of us and you wouldn't know to look at her that she had been born any other way. Give it time !
Anonymous* May 11, 2010 at 2:59 pm OP here…."For those who seem hell bent on this requirement that surgery must be performed, get lost." No one is hell bent on anything like that!!! What I'm looking for is a quick and easy way to shut up the bigots. I'm not sure how I can explain it any clearer. Because HR can't/won't make a statement that "Charlene" is to be treated as a woman in the workplace, her more tolerant coworkers are looking for a precedent or legal policy or something to tell gossipmongers that she meets all the criteria to wear dresses and use the ladies' room. If that criteria was simply self-identification (which it should be, but isn't always) then great. If her gender on her job application is female, and that's the criteria, also good. If the criteria is to have a complete set of girly whoo-has and she's got 'em, then great. What we're looking for is just a way to say "Look. These are the criteria for being female in the workplace. She meets those. Your gossip is groundless". So the point of my original question is to find out, what exactly, on the spectrum from "self-identification" to "having a particular set of genitals" is the commonly used criteria in the workplace. This could be used to Charlene's advantage if we can illustrate to the muckrakers that she fulfills these criteria. But what Dr. Weiss points out is that there is no clear legal definition or precedent. So it's harder for TG folks and their friends to stop the gossip, particularly when HR does not get involved.
Ask a Manager* May 11, 2010 at 3:49 pm OP, with all due respect, I think you're missing the point. There's no need for some official criteria in order for people to be told to treat this person with compassion. You should stand up for this person. Tell the gossiping coworkers that they're being petty and cruel about something that's none of their business, and that you don't want to hear it anymore.
Anonymous* May 11, 2010 at 5:14 pm OP here…AAM writes, "There's no need for some official criteria in order for people to be told to treat this person with compassion." Um, yeah, there are – have you ever dealt with really bigoted people? The reason this whole thing is an issue is because simple requests for coworkers to mind their own business and treat everyone with respect _have not worked_. The reason legal criteria need to be brought up at all is because your naive admonitions to Play Nice are not effective. Do you think just telling someone they're being "petty and cruel" will get people of color jobs they're denied due to racism, will get women wages equal to men, or will stop gays from being beaten? The whole reason we're looking for legal precedent for Charlene is because commonsense notions of dignity and respect mean nothing to a lot of people. Her adversaries will not stop because we ask for "compassion". I give up on you.
Katie* August 16, 2011 at 6:36 pm The point is, telling a room full of people, “Charlene’s had surgery and now has a vagina, so she can *legally* use the ladies'” in no ways respects her or upholds her dignity. This is in fact insulting and would most likely be quite mortifying for her. Well-meaning people can be just as hurtful of those with cruel intentions, and just because you would expose her for the right reasons doesn’t make it right. If you want to make this an issue, go to HR and explain that several employees are engaging in malicious gossip, this is unprofessional behavior that is disrupting work, and it needs to be stopped. HR can then meet with these individuals on a 1:1 basis and deal with their childishness–which should in no way involve mortifying Charlene and violating her right to privacy–as an issue entirely separate from Charlene’s gender identity.
Ask a Manager* May 11, 2010 at 5:28 pm Well, then go to HR and tell them they need to intervene. You're insisting on a legal standard that doesn't exist, so you need other solutions. A legal standard is not the only solution; ethical people standing up for what's right has actually driven progress for years, in all kinds of situations. For what it's worth, you say now that you're on the side of the employee in question, but your original question very much didn't come across that way. Reading the original question makes it very hard not to question your motivations. Perhaps that was just due to poor wording choices, but I'm skeptical.
Veracity* May 13, 2010 at 5:51 am The writer of the question didn't say the person was in a process of transitioning, but simply that the person was "widely known as male" (whatever that means), which makes me think this employee could be a new hire and the employees are simply gossipping and being mean spirited. Since the woman identifies as female, she gets to use the female toilets AND be referred to by the pronoun of her choice. It sounds like HR need some diversity education here.
Anonymous* May 13, 2010 at 8:20 am This type of gossip was like the "Who in the workplace is homosexual" gossip was 10-20 years ago and still is in some workplaces. It is a GTFUA (Grow the Fuck up Already) issue employees need to learn to deal with. If they still have questions, the internet has answers. These kind of employees need to put their gossip energy into research like a socially responsible citizen does on any issue in general and they won't have these problems. I don't blame HR one bit in this situation. A wise HR manager does not want to resort to making patronizing lectures to their employees if they can reasonably avoid doing so since they usually diminish morale and self-esteem. Social maturity is a must for success in most businesses. Not very many HR personnel want to think that they overestimated the maturity of the employees they hired as it reflects badly on them. Perhaps personality tests that already determine things like potential theft and insubordination risks of potential hirees can also cover gossip, judgementalism and immaturity risks as well.
Kim Stiens* May 13, 2010 at 6:43 pm At the above anonymous: I disagree completely. If there are personnel issues, it is ALWAYS the place of HR to step in, that's their job. Not understanding or being sympathetic toward transgender issues is not necessarily a matter of maturity. Society is only starting to accept people of alternate sexualities, and that's much easier to understand than alternate genders. HR at this company would do well to include in their diversity training discussion of these issues.
Anonymous* May 13, 2010 at 11:25 pm We just has a sexual harassment class last week and were informed that transgender was a protected class here in California…
Equal Clothing Co.* July 2, 2010 at 5:28 pm Come on…if this person goes to WORK every day dressed as a female, and has people refer to HER as a female, then SHE IS FEMALE. Its her place of employment, not some grocery store or club. Gees. Obviously he identifies as a woman, and lives daily as one. What, do these people think that she is tricking you all by secretly being a he? Who would do that? Think about it, what benefit does she get by acting that way at WORK. Just to be able to use the Womens room? Surely you aren't bringing the ladies home from work with that method, so there is no real justification for their arguments about sexual harassment. If anything they are harassing her.