Tackling Transgender Discrimination In The Workplace In New York: Three Practical Steps Employers Can Take
Thousands of people across the United States identify themselves as transgender or gender non-conforming. In December 2015, the New York Commission On Human Rights announced stricter rules concerning workplace discrimination, with significant financial penalties against employers who promote or allow discrimination. For employers, it's important to make sure you have the rules and policies in place to make sure you don't fall foul of these tough new rules. Here are three examples of positive steps you can take.
Make provision to allow people to use a preferred name or pronoun
A transgender person may not conform to a specified title, pronoun or name, and the new rules mean that employers must support their employees' preferences. Make it clear to transgender employees that you support their needs, and take the steps necessary to allow them to use their preferred titles and names. This could include new or updated name badges, different email addresses, and changes to the records held in all relevant business systems. Where system constraints make this difficult, look for ways to support employees with manual workarounds.
Implement reasonable dress code, uniform and grooming standards
Policies around dress code, uniform and grooming standards often conform to traditional gender identities. For example, a policy may insist that men wear a tie, but non-conforming gender identities could fall foul of this rule.
Relax dress code standards to remove gender conformities where possible. Focus on rules around professional appearance and hygiene rules, and avoid references to specific garments or dress styles. Make sure that any perceived violation of these standards has nothing to do with gender identity, and focus your employees on cleanliness and professionalism instead.
Updating single-sex bathroom and locker room facilities
Transgender people may not want to use a bathroom that other people assume relates to their physical gender. For example, a transgender woman will probably want to use the women's locker room, but some people may believe that she should still use the men's facilities.
Failure to meet these workers' needs could lead to discrimination. As such, you may need to implement a policy that makes it clear that transgender people can use the facilities they feel are appropriate. This can create conflict in the workplace, especially where other workers may feel uncomfortable. Increasing awareness of the issues that transgender people face can create a more tolerant workforce.
Some businesses have updated single-sex facilities to become non-gender-specific. In fact, gender-specific bathrooms only appeared in the United States in the late 19th Century. Nonetheless, there are still some challenges around privacy and design you will need to consider if you decide to make this bold move.
Transgender discrimination in a New York workplace could result in a hefty financial penalty. Talk to an experienced attorney for more practical advice.