Psychological Assistant and Interim Co-Director of the LGBTQ Specialization at Antioch University Los Angeles
View BioPsychological Assistant and Interim Co-Director of the LGBTQ Specialization at Antioch University Los Angeles
View BioClinical Sexologist and Psychotherapist
View BioDespite major wins within the LGBTQ community in recent years, many transgender and non-conforming gender individuals feel there’s still a lot more to do in the fight for equality both in and out of the office. This helpful guide is for transgender workers, from new graduates just entering the workforce to seasoned working professionals, as well as employers and hiring managers. Learn more about current transgender workplace rights, how to navigate some of the biggest workplace and job hunting concerns, and see what employers can do to lay the foundation for safe and inclusive work environments.
Transgender and non-conforming gender (TGNC) individuals are protected by policies and laws intended to eliminate harassment and discrimination. While some protections are at the federal level, many states, counties, and cities have their own policies in place. “Protection laws differ from state to state, so it’s important that you check the state in which you work,” notes Dr. Kristie Overstreet, a clinical sexologist and psychotherapist who specializes in transgender identities.
According to the Transgender Law Center, as of June 2017, the following states have strong or medium anti-harassment and discrimination laws in place:
California
Colorado
Connecticut
New Jersey
Delaware
New Mexico
Hawaii
New York
Illinois
Oregon
Iowa
Pennsylvania
Maine
Rhode Island
Maryland
Utah
Massachusetts
Vermont
Minnesota
Washington
Nevada
District of Columbia
In addition to state and local laws, the Civil Rights Act of 1964 (Title VII) is a federal law that prohibits employers from discriminating against employees based on sex, race, color, national origin or religion. Employees who feel this law is being violated may complain to the Federal Equal Employment Opportunity Commission (EEOC).
EEOC’s role is to investigate reports, arrange mediation, broker a settlement, sue an employer or give permission to bring about the person’s own lawsuit, explains Overstreet. She goes on to say that Title VII has had the broadest impact on transgender people. A significant limitation to the law, however, is that it only applies to employers with 15 or more employees. “This act and the EEOC interpretation of it have helped many transgender people, but there’s still much work to do on the city, state, and federal levels to protect transgender people,” says Overstreet.
While Title VII has had the most far-reaching effects, there are several other federal laws that also protect transgender individuals and their workplace rights. These include:
Executive Order 13672 makes anti-LGBTQ discrimination by federal contractors illegal. Transgender and non-conforming gender individuals who work for a company that contracts with the federal government benefit from this protection.
Executive Order 13087 makes it illegal to discriminate against federal employees due to sexual orientation or gender identity.
Civil Service Reform Act of 1978 makes discrimination against employees based on “conduct which does not adversely affect the performance” of employees unlawful. Gender identity is included in this description.
Other protections are also in the works, but it’s unclear what the results will be. The Employment Non-Discrimination Act of 2013 (ENDA) has been suggested as a means to provide further protection for LGBTQ employees. It’s currently on hold, however, as negotiations continue.
TGNC individuals who feel they have been discriminated again in the workplace or during the hiring process have several resources to turn to for information and legal advice and/or assistance. If you’re in need of support or just want more information, try looking into the following organizations and programs:
The ACLU offers an array of resources that can help TGNC individuals navigate their rights under state and federal law. It promises to “fight government-sanctioned discrimination" and stand for the rights of all transgender individuals. The best way to advocate for yourself, notes ACLU, is knowing and understanding your legal rights. The organization’s website offers an excellent FAQ section.q
The Human Rights Campaign is a foundation that advocates for full inclusion and equality for TGNC people and other underrepresented groups. They offer myriad resources on TGNC rights, violence prevention, transgender healthcare and applicable legal resources.
Lambda Legal is nonprofit national organization devoted to obtaining “full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and public policy work.”
The National Center for Lesbian Rights fights for marriage equality and the rights of all LGBTQ and TGNC individuals. As a nonprofit, public-interest law firm, NCLR takes on cases that can affect the foundational rights of LGBTQ individuals, on issues such as asylum and immigration, federal legislation and policy, housing, and employment for TGNC people.
The NCTE created a Trans Legal Services Network to help TGNC individuals navigate the legal processes involved in changing their names and dealing with unlawful harassment or discrimination. The network brings together over 60 organizations that serve trans communities.
Transgender veterans face the dual challenges of dealing with gender identity issues as well as those resulting from military combat. The Transgender American Veterans Association works to prevent medical discrimination against transgender individuals. They also keep on top of current law and VA regulations and policy concerning treatment.
The Transgender Law Center offers access to a legal resistance network consisting of volunteer attorneys committed to protecting the rights on TGNC people. TGNC individuals can turn to the Transgender Law Center for help with discrimination cases and deciphering complex legal issues.
The Transgender Legal Defense and Education Fund was created to help end discrimination based on gender identity and expression. The fund works exclusively to advocate for equality for transgender people “through public education, test-case litigation, direct legal services, and public policy efforts.” The firm’s “Name Change Project” also helps TGNC individuals through the processes involved in legally changing their names.
It’s also valuable for TGNC people to seek assistance at a local level. “The organizations above are a great place to start, but sometimes they can be overloaded, as they are dealing with cases from the entire country,” explains Cadyn Cathers, psychological assistant and interim co-director of the LGBTQ specialization at Antioch University Los Angeles. Instead, TGNC people may have more luck getting personalized assistance from local LGBTQ organizations or lawyers that offer support on everything from legal name changes to problems with domestic violence. Local law schools are another good avenue; many offer free or sliding-scale legal aid services to members of the community. Employed TGNC individuals also have the option of reaching out to their companies’ human resources departments for guidance on various workplace issues, notes Dr. Overstreet.
Looking for a job comes with a long list of stresses for anyone, but TGNC individuals face some unique challenges. There’s everything from uncertainty about how they’ll be treated in an interview to the risk of blatant discrimination.
Job-seekers can reduce their anxiety and improve their chances for success if they arm themselves with accurate information and get outside support if needed. Here are some of the main challenges TGNC individuals will likely encounter during a job search, along with expert advice on what may help:
If you need some help or guidance with your job search, consider taking a look at the following resources:
In this article from BloombergBusinessweek, get firsthand insight on finding a job, building a career and navigating issues like healthcare and retirement as a trans person.
The Center for Gender Sanity offers resources for trans individuals searching for employment. They also link to available jobs that could be good fits for TGNC people.
Rochester Institute of Technology's Office of Career Services and Cooperative Education offers insight for trans people seeking employment in nearly any industry in this helpful FAQ.
Located in the San Francisco Bay area, this program helps connect trans individuals with employment at inclusive and harmonious workplaces in numerous industries.
This resource offers links to available jobs with trans-friendly employers.
Coming out in the workplace can be stressful and problematic for LGBTQ individuals, particularly those who are trans. It’s not simply how to reveal this information that’s worrisome, but also the more fundamental question of what the consequences may be.
Deciding whether to come out as transgender at work is a deeply personal issue. While some TGNC individuals may feel compelled to let everyone know their authentic selves, others may desire to maintain more privacy about their personal lives.
Ultimately, there are no right or wrong answers about how and when to come out at work. Some trans individuals may never decide to share that part of their identity in the workplace, and that’s perfectly okay, too. For those who choose to come out, the pros and cons may include:
Reducing stress over hiding your real identity
Building closer relationships with workplace allies
Becoming a role model for other trans people
Risk of disapproval or discomfort from fellow workers
Risk of workplace discrimination, including loss of employment or exposure to verbal harassment or physical violence
If you’ve made the decision that coming out is the best move, Cathers and Overstreet offer some specific tips that might help with the transition:
Of course, employers wouldn’t intentionally create a hostile work environment for trans employees, but that’s often the end result simply due to a lack of education. Many employers fail to be proactive when it comes to helping TGNC employees feel comfortable, welcomed and accepted at work. Fortunately, there are several concrete steps employers can take to ensure they’re creating an inclusive and caring workplace where compassion trumps politics and personal bias. Here’s what our experts have to say:
Educating yourself about TGCN issues and concerns and how to talk about them is an important part of creating inclusive policies and workplaces. To learn more about LGBTQ issues and creating unbiased workplace policies, try the following resources:
Learn how to protect employees who are currently considering a transition or are in the midst of transition, using proper business guidelines and etiquette.
Read about five primary ways any business can create an inclusive environment for transgender workers.
Learn how to create an inclusive environment for all workers while also avoiding discrimination and harassment.
This resource from the Transgender Law Center offers several example policies and guidance for employers dedicated to creating inclusive and safe workplaces.
Read how to create an inclusive bathroom policy for trans workers, plus why it matters.
Find out how to avoid discrimination against transgender individuals in your workplace by enacting policies fit for union members and allies.
Learn about the ways hiring trans workers can benefit your business.
This booklet offers advice on creating ideal policies for an inclusive workplace.
Receive guidance regarding the employment of transgender employees in the federal workplace.
For more general information on TGNC issues and concerns, take a look at the following educational resources:
Learn why trans individuals are often misunderstood and how you can help them thrive.
Educate yourself on the appropriate language to use with GLAAD’s glossary of transgender terms.
Learn how you can support trans individuals in the workplace and your community.
Find information on various trans issues, how to support trans people and other facts and details about the TGNC community.
Get management insight and perspective on gender, gender discrimination and being transgender in the workplace from The Wharton School.
The more you learn about the trans community, the more equipped you’ll be to become an ally.
Stay up-to-date on transgender issues from the world’s leading source of LGBTQ news.
Find a transgender support group in your area.
Learn all you can about the trans community through the eyes of feminism.
Connect with licensed therapists who can provide emotional support and advice for trans individuals in transition.
In this guide, GLAAD offers some strategies on how to become a better ally to transgender people.
This guide offers invaluable advice on becoming an effective ally for TGNC people.
Call 24 hours a day for counseling and support.