Abstract

The purpose of this paper is to recommend non-discriminatory policies and practices regarding transgender individuals in the workplace. This paper will summarize workplace discrimination legal cases involving transgender individuals. Specifically, employers can be held financially responsible if they fire or discriminate against transgender individuals on the basis of gender identity and gender expression and can be required to use affirmed pronouns, revise policies, and provide training to employees regarding non-discrimination. Employers cannot discriminate against transgender individuals for transitioning, cannot prevent transgender individuals from using a particular bathroom or locker room, and cannot require employees to medically transition prior to gender identity recognition. Employers can be required to allow medical services related to transgender care. Finally, transgender individuals are a protected class under Title VII. This paper discusses the historical and current legal cases that prevent employment discrimination and proposes policies and practices. Recommendations for social workers include creating a sufficient non-discrimination policy, consulting with experts, becoming recognized on an equality index, educating others by not shaming them, and following the social work code of ethics.

Highlights

  • The purpose of this paper is to recommend non-discriminatory policies and practices regarding transgender individuals in the workplace

  • In 2012, the U.S Equal Employment Opportunity Commission (EEOC) ruled that employment discrimination on the basis of gender identity or transgender status is prohibited under Title VII

  • Poverty, stigma, harassment, the lack of legal protections, and other roadblocks to public resources faced by the transgender community are conditions that the social work community must endeavor to remedy

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Summary

Impact of Discrimination

Members of the LGBT community experience higher rates of discrimination based on sexual orientation and gender identity than their heterosexual and cisgender counterparts (Kattari et al, 2016). A national survey of 6,500 transgender individuals acknowledged that an adverse employment action, denial of a job or promotion, or termination as a result of their transgender status contributed to elevated symptoms of depression, anxiety, and suicidality (Mizock & Mueser, 2014; National Center for Transgender Equality [NCTE], 2015) Those who lose their job due to workplace bias are six times as likely as the general U.S population to be living on a household income under $10,000 per year and four times as likely to experience homelessness (NCTE, 2015). Several respondents reported a positive aspect of becoming advocates for workplace changes at their companies by changing policies for transgender employees and having the opportunity to educate co-workers on transition issues (Brewster et al, 2014) Studies such as these can help businesses and those working to change employment environments understand the effects of negative workplace experiences while understanding positive aspects that can be enhanced to support and empower transgender employees

Why Advocacy is Needed
Legal Framework
Historic Rulings
Social Transition
Restrooms and Medical Transition
Medical Services and Hormones
Action Recommendations
Consult With Experts
Become Recognized
Ethical Implications for Social Workers
Findings
Conclusion
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