Posts Tagged Discrimination
Transgender discrimination in the workplace is a significant problem. In fact, approximately 90 percent of transgender employees report experiencing some type of harassment in the workplace. Almost 20 percent of gay and transgender employees report that they were passed over on a promotion or were fired because of their gender identity or sexual orientation.[i] Over 60 percent of transgender employees make less than $25,000 annually.[ii] Shockingly, it is still legal in 32 states to terminate or deny employment to an employee based on their gender identity.[iii] About 40 percent of transgender employees are underemployed.[iv]
According to the Human Rights Campaign, there are still a number of employer-sponsored health plans which do not cover gender reassignment surgery. The average cost of a gender reassignment procedure is $16,000. Additionally, if the employer does not allow the employee to utilize leave for treatments leading up to and including gender reassignment surgery, there is an even more significant cost to the transgender employee.
What can you, as the employer do to support a work environment that is open and inclusive to all persons, including transgender candidates and employees?
- Champion support for an inclusive and diverse work environment at all levels of the organization with the loudest voices at the top!
- Offer non-discriminatory health plans! Work with your plans to ensure that you have removed exclusions for gender reassignment transition and hormone therapy.
- Be sure to include gender identity in your anti-discrimination and anti-harassment policies. Consider zero-tolerance policies.
- Treat transgender employee(s) as an individual, offer them the opportunity to lead their transitional process with the organization including; communicating their name, pronouns, how they want to inform their colleagues, their timelines, and how they best want to be supported.
- Include gender identity awareness in your trainings whenever possible; consider your diversity, respectful workplace, and civility trainings as starting places.
- Incorporate gender identity and transition into your leave policies. Transitioning can be a lengthy process. Keep the dialogues going with your transgender employees. Offer time off and discuss support needs along the way.
- Support looks different to everyone! It might be handy to put together a supportive tool-kit for employees intending to transition. This toolkit may provide explanations about benefits for transgender employees such as health insurance, leave, and employee assistance programs. The toolkit may also include information about how to talk to managers and colleagues about the transition, restroom information, and a contact person to support them as well as their team. Your employee may or may not use the tool kit but if the resources are there, then they will be able to utilize them if needed.
- Consult with your Employee Assistance Program with any questions and support around transitioning employees, policies, language and resources. Support and help is available.
- Utilize education and support to work through any personal concerns you may have regarding supporting transitioning employees. Supporting al lemployees equally is a legal responsibility.
To Your Wellbeing,
Dani Kimlinger, Ph.D., MHA, SPHR, SHRM- SCP and Patrick Hiester, LPC
The MINES Team
[i] Gay and Transgender People Face High Rates of Workplace Discrimination and Harassment. Data Demonstrate Need for Federal Law. By Crosby Burns and Jeff Krehely. June 2, 2011
[ii] 37 Shocking LGBT Discrimination Statistics. Brandon Gaille. January 14, 2015.
[iii] The Transgender Community by the Numbers. Marie Claire. Kenny Thapoung
[iv] Transgender Workers at Greater Risk For Unemployment and Poverty. Human Rights Campaign. September 6, 2013
Many of us are aware that it is illegal for employers to discriminate based on the well-known key EEOC areas: race, color, religion, sex, national origin, age, genetic information, and disability. What some are not aware of is that some states, including Colorado, have made it illegal to discriminate based on sexual orientation. This 2007 amendment to the Colorado Anti-Discrimination Act is known as the Sexual Orientation Employment Discrimination Act (SOEDA). This amendment prohibits discrimination based on an individual’s orientation towards heterosexuality, bisexuality, homosexuality, and transgender status (Federal Antidiscrimination Laws, 2011).
What considerations does the employer need to be aware of following the SOEDA Amendment? First of all, the employer should not inquire about the applicant’s sexual preference. Additionally, when advertising for an opening within the company, there should not be an expressed preference for a sexual orientation. It is prohibited for the company to have separate lines for progression or seniority status based on sexual orientation. Finally, the employer must allow employees to dress according to the gender in which the employee identifies with (Federal Antidiscrimination Laws, 2011).
Being aware and complying with this law is certainly important, but why not take it a step further and enhance the company’s support for LGBT by forming cultural norm? Did you know studies show that more than half of LGBT employees keep it a secret? This negatively affects morale and productivity! Here are just a few tips for your company to consider for showing acceptance for your LGBT employees (Anderson, 2011):
- Provide support inside and outside of the organization for LGBT through networking opportunities. This provides structured support which helps LGBT staff succeed within the organization.
- Ensure that information about partner benefits is clearly communicated to the LGBT staff. Often, LGBT employees are not aware of the benefits that their domestic partners may be eligible for.
- Using inclusive language often makes the LGBT employees feel more comfortable. For instance, if an organization is hosting a company party, encourage all employees to bring a “guest” rather than their “spouse.”
- Support LGBT events, either through donations or involvement of the organization in events.
- Highlight senior management support of LGBT employees. When senior management discusses the importance of diversity, it sends a strong and positive message when they include LGBT as well!
Dani Kimlinger, MHA, PHR
The State of Colorado. (2011). Federal Antidiscrimination Laws. Retrieved October 26, 2011, from http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22Non-discrimination+Policy.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251741381222&ssbinary=true
Anderson, Melissa J. (2011, October 11). 1o Tips to Create an LGBT Supportive Workplace on National Coming Out Day [Web log message]. Retrieved from http://www.evolvedemployer.com/2011/10/11/10-tips-to-create-an-lgbt-supportive-workplace-on-national-coming-out-day/