How To Build a Trans-friendly Workplace: Policies & Procedures

A funny thing happened to me and a few colleagues this year…

Usually my day job consists of filing super boring but super important legal stuff. But I also happen to work at a company with a highly active LGBTQ + Ally business resource group. As some of my prior posts have indicated, I write quite a bit for the group and sometimes on behalf of the company when it comes to queer issues and allyship.

Long story short, this was the year I had been saying would happen and for which we needed to prepare: a colleague transitioned. And while this is nothing monumental to me or my community, it was uncharted for my corporate cohorts. To their credit, a member of Human Resources (HR) and our Director of Diversity & Inclusion (D&I) put in the work to ensure the comfort and safety of our colleague. Procedures were written. Trainings were held. A partnership was struck among the stakeholders…

But I couldn’t help but feel a twinge of regret that this “first” for the firm, our de facto pioneer, had to advocate far too much in the service of her own dignity and respect. I felt like the company (and, by proxy, the LGBTQ+A group) failed her. The infrastructure for her transition should have already been in place.

I think much was learned in the process, and I’d like to leverage that learning curve so that other workplaces and HR representatives can avoid putting a vulnerable employee in the position of teaching the company how to foster an environment that supports, respects, and protects them. Because in the absence of clear policies and guidance for trans employees, many choose to avoid this burden and instead remain hidden, dead-named, and misgendered. This consequence can have detrimental effects on the mental health of your undisclosed trans co-workers, and quite frankly, it’s terrible for business. So if you work with people — literally, even another single soul — consider the following.

How to Get it Right for Transgender, Non-Binary, and Gender Non-Conforming Workers

It’s well-documented at this point: companies committed to diversity and inclusion are more attractive to fresh talent and out-perform their less inclusive competitors. Not to mention that happy, out employees are more productive employees. If your business marches in Pride events, sponsors LGBTQ fundraisers, or advertises in queer-facing media, it stands to reason that a potential recruit is taking note. Do not disappoint them in the interview when they discover that your policies are lacking.

If your HR team is ahead of the curve and already has robust, queer-friendly policies, enforce them. Trust me, from a legal and compliance standpoint, there is nothing worse than having poorly implemented procedures and no consequences for broken rules. When it comes to protecting your LGBTQ employees, it’s paramount you back up your writing with meaningful action.

Have an EEO Policy that Protects Gender Identity and Gender Expression

Real talk: Your Equal Employment Opportunity (EEO) policy isn’t worth a darn if what follows after “we do not discriminate on the basis of…” is missing any of the following terms —

• sexual orientation
• gender identity
• gender expression
• disability*

Make sure you are explicitly protecting these groups from a hiring or promotion process that unfairly favors cis, hetero, able-bodied, neurotypical individuals. (Check that your policy is in compliance with the law while you’re at it.) The Human Rights Campaign has a list of criteria that, if met, will enable a company to earn a high score on their Corporate Equality Index; use this as a guide if you feel out of your depth.

Furthermore, install an anti-discrimination and anti-harassment policy covering these same terms, as well as a clear stance against retaliation. Employees need to feel safe and assured that they will not be fired or further harassed if they report a problem to HR or their manager. Again, it’s not enough to write the policy — you have to enforce it.

Check Your Health Plan’s Coverage

Sadly, we’re a long way from parity in terms of transgender health services, and the consequences are dire.

Does the company medical plan cover hormone therapy and gender-affirming surgeries?** What about mental health counseling?*** Don’t saddle your trans employees with an unfair financial burden, whether for affirming their identity or simply taking care of themselves.

Many insurance plans offer companies an Employee Assistance Program (EAP), which is a great feature I’ve certainly utilized. In the event that an employee expresses their desire to transition, partner them with an experienced and compassionate registered nurse via your EAP; that nurse can guide them through the insurance jargon and stressful process of meeting a healthcare provider’s terms in order to access gender-affirming services. (For a somewhat outdated list of health plans with transgender care, see here.)

Finally, make sure that your company’s time off policy accommodate medical transitions by offering a Medical Leave of Absence in the event of a gender affirming surgery or surgeries.

Gender-Neutralize the Dress Code

I sincerely hope your company’s dress code is not so archaic that it restricts employees’ clothing or appearance on the basis of gender stereotypes, but in the event that it does, kindly put an end to that immediately. Instead, trust that your employees are professional adults capable of dressing for the job, and give them the freedom to express their gender (and personal style!) the way they see fit.

from Pinterest

Have an All-Gender Bathroom

Binary bathrooms are daunting to trans, gender non-conforming (GNC) and non-binary (NB) people. Anecdotally, several of my trans friends have shared stories of times they held it to the point of pain or reduced their liquid intake in order to avoid such restrooms — out of fear of being shamed or assaulted. Public pools and gym locker rooms are also a source of anxiety and terror for trans/GNC/NB folks. This is untenable, but it’s the daily reality many face.

To the extent your building allows it, make the effort to designate an all-gender bathroom (sometimes all it takes is a sign change). At the very least, ensure that your company has a policy that expressly states that employees have the right to use the facilities that correspond to their gender identity.

Implement Procedures for Workplace Transitions

This is where my company ran afoul the most in terms of preparedness. We had nothing in place to guide, benchmark or “roll-out” our colleague’s transition. It took monumental effort, but ultimately a “Workplace Transition Plan” was created, which now serves as a template for future transitions.

Communication strategy, method, and messaging should be carefully considered when creating a transition plan, and it will look different for every employee who uses it. The Transgender Law Center has a model available for adaptation. Alternately, consider hiring an LGBTQ consultant from a leader in LGBTQ advocacy, such as PFLAG, if your HR team is overwhelmed. PFLAG also offers on-site learning sessions, which could be extremely useful for trans/GNC/NB sensitivity training.

New Hire On-Boarding Done Right

When new talent joins your company, start off on the correct foot by asking every employee the name and pronouns they wish to use before the issuing of badges, cards, and an email address. (And say that you ask everyone so that you don’t unnecessarily worry someone who is living stealth.) What’s more, convey that any name and pronouns are completely accepted, and that it’s also perfectly fine if these things change in the future.

I think how my own on-boarding would have been far more comfortable had I had the chance to guide my introduction, and I want better for others in my community.

Everything I have outlined above is foundational — drafting and implementing trans-inclusive policies and procedures is the ground work. Yet there’s so much more that goes into building a workplace culture that truly protects and embraces members of the trans/GNC/NB community.

As such, see How To Build a Trans-friendly Workplace: Culture & Allies for additional information.

*While I find the DMS-5 problematic, gender dysphoria is real, and not feeling free to be your truest self is profoundly depressing.

**Note that not all trans people want or feel the need to medically transition.

***See above, but also, why not help remove the stigma and empower all employees to access and explore the benefits of mental health services?

Unless noted, all images licensed via AdobeStock