Transsexual workers, like all other employees, should use the restroom appropriate for their gender presentation. Once a transsexual person has begun coming to work in her new role, she should use any restroom designated for her new gender. Often, people feel that the transsexual person should continue to use the restroom appropriate for her initial gender until she has completed the transition process because only then will she have genitals like those of other members of her new sex. This formulation is problematic for several reasons.
It is awkward for a woman to walk into the men's room or for a man to enter the women's room, regardless of the shape of their genitals. If transsexual individuals are forced to use the restroom appropriate for their original sex until their genitals are sufficiently transformed despite their appearance as members of their new sex, it singles them out for embarrassment and humiliation and in some cases exposes them to a risk of violence. It announces to everyone in the vicinity (including visitors to the work site) that the transsexual person's genitals do not match her gender presentation, thus violating her privacy.
During transition, the genitals may be transformed by both hormones and surgery. In male-to-female transsexuals, estrogen causes the male organs to shrink. For female-to-male transsexuals, testosterone causes elongation of the clitoral tissue into a small penis. If having genitals that conform to standard male or female configurations is the criterion for restroom use, who will decide when the transsexual person's genitals are sufficiently altered to warrant a change in restroom use? Are the changes brought about by hormone use sufficient or is surgery necessary? If surgery is required, exactly which surgery is to be done? There is no single procedure universally recognized as sex-transformative surgery. Male-to-female transsexuals may have orchiectomy, vaginoplasty and/or labioplasty. Female-to-male transsexuals may have hysterectomy, ovariectomy, metaidoioplasty and/or phalloplasty.
Some transsexual individuals never have genital surgery for a variety of reasons. Phalloplasty for female-to-male transsexuals, for example, is often prohibitively expensive and less than optimally functional, so very few transsexual men have it done. Likewise, some male-to-female transsexuals cannot afford genital reconstructive surgery or have medical contraindications. If a transsexual employee works for the company for 20 years after transitioning, would she still be required to use the restroom consistent with her original sex? If the company hires a transsexual person who has already transitioned, would she be asked whether she has had genital surgery? Would this question be asked of all new hires just in case one happens to be transsexual?
Other employees are not questioned about their genitals before they are given permission to use a particular restroom. If they were, cases might come to light in which other people's genitals might not sufficiently conform to the norm for either male or female, for example in intersex conditions, after accidents in which the genitals have been injured, or after treatment for genital disease. Men and women are generally allowed to use the restroom consistent with their gender presentation without having to prove that their genitals conform to any standard, and it should be no different for transsexuals.
In short, restroom use should not depend on genitalia. Since genitals are not used in the performance of most jobs, they should not be subjects of inquiry for employers or co-workers. Exceptions may exist in isolated instances when there are specific rules prohibiting a person with certain genitalia from performing specific tasks, for example in jobs involving bathing or other intimate care of clients.
Other people in the workplace may not immediately feel comfortable sharing a restroom with a person they have known as a member of the other sex. Training can go a long way toward mitigating these feelings. When co-workers learn that transsexuals are not sex perverts and are in the restroom only to do the same business as everyone else, they become more comfortable sharing a restroom with a transsexual person. HR professionals should inform co-workers that if they observe the transsexual employee engaging in any illicit activity in the restroom, they should report the incident, just as they would if it involved any other employee. The transsexual person is governed by the same regulations as everyone else and no special exceptions are being made.
Sometimes inexpensive modifications to existing restrooms can resolve discomfort. Men's room stalls sometimes lack doors, and the barriers surrounding stalls in women's rooms are sometimes too short. Wide gaps in stall enclosures and doors that fail to lock or stay closed are common problems. Making sure the stalls in both men's and women's rooms provide adequate privacy helps everyone to share restrooms more comfortably.
In some companies, a temporary accommodation has been employed to give everyone time to get used to the change. For example, the transsexual employee may volunteer to use only certain restrooms appropriate for her new sex or only unisex restrooms for a month or two. The exact arrangement depends on the physical layout of the workplace and the radius of the transsexual person's work activities. The transsexual employee should be inconvenienced as little as possible. For example, if she is restricted to only one restroom, every effort should be made to ensure that it is the most convenient one possible. After the specified period of time, the temporary arrangement ends and the transsexual employee is free to use any restroom appropriate for her new sex.
Most transsexuals change their names when they transition. They may go through court to do so legally or they may adopt a new name through the usage method, which permits legal recognition of a new name simply through the fact that it is the name the person uses. Transsexuals change their names on their checking accounts, credit cards, business accounts, memberships, driver's licenses, and social security cards. When an employee begins working in his new role, his name should be changed on company records, and the payroll department should begin issuing checks in his new name. His Social Security number does not change. This part of the process is no different than for a woman who changes her name when she marries.
As far as possible, transsexuals change the sex designation to match their new name wherever it appears. Almost every state permits a transsexual person to change the sex designation on his driver's license, usually requiring documentation from a physician showing that the transsexual person is undergoing treatment or has completed treatment for gender identity disorder. Most states allow transsexuals to change the sex on their birth certificates after they have undergone genital reconstructive surgery. The Social Security Administration allows a change of sex designation, and passports can be issued in the new gender. Many of the changes of gender on legal documents can be made before transition is completed. The transsexual person takes care of most of these changes.
The transsexual employee should be consulted about changes to be made to his insurance records because these changes may profoundly affect his coverage. If the employee was married prior to transitioning, his marriage remains valid unless he dissolves it through divorce. Thus, entitlement to spousal benefits remains unchanged.
Many co-workers want to be supportive of a transitioning transsexual worker. Others are interested only in getting their job done and don't want to expend any time or effort in dealing with the transition. Some employees, however, may be offended by the idea of a person changing sex. It may be counter to their religious beliefs or they may simply feel that it is wrong. The likelihood of negative reactions can be reduced by establishing a culture of appreciation of differences, providing adequate training, and treating all employees fairly. A diverse workplace means that employees must be able to work with all kinds of people. It is not required that they "believe in" or accept transsexualism. These employees are entitled to their beliefs, but they should be required to treat the transsexual person, and every other employee, with respect.
Co-workers sometimes feel resentful of the transsexual employee. They may believe that the transsexual person is being given special privileges, is being allowed to get away with things they could not, or is being given more attention and consideration than they are. HR professionals should remind these employees that they are protected by the same laws and policies that protect the transsexual person. If they were in a minority with regard to race, nationality or religion, or if they became disabled, they too would receive the same kind of accommodation and protection against discrimination the transsexual person is receiving. If they have problems in their lives or in working with a transsexual person, the same counseling resources are available to them as are available to the transsexual employee.
In some workplaces, co-workers express their hostility toward a transsexual person by refusing to use her new name and correct pronouns, or they may harass the transsexual person verbally, threaten physical violence, refuse to work with her, or stop speaking to her. The transsexual employee will often not report such behavior because doing so tends to increase harassment, it reinforces the idea that the transsexual person is trying to get others in trouble, it may be seen as a sign of weakness, or it may bring retaliation. Management must be proactive in monitoring behavior toward the transsexual employee and provide a way for her to report harassment confidentially. Any harassment that is taking place should be dealt with swiftly to send a clear message to all employees that this behavior is unacceptable and will have consequences for the perpetrators.
The transsexual employee can also be the source of problems. Sometimes a transsexual person is excited about the changes she is going through and wants to share the details with others, but co-workers may object to hearing about her transition. A caution to the transsexual employee to discuss these matters only after checking to make sure everyone within hearing wants to listen, or saving these conversations for outside the workplace, may be all that is needed.
Occasionally a transsexual person dresses inappropriately for her new role. Dress codes requiring employees to wear appropriate attire apply to the transsexual worker just as to any other employee. If there are different dress codes for men and women, the dress code for the employee's new role is the appropriate standard as soon as she begins working in her new role.
Some transsexuals may be too sensitive about people making honest mistakes with their name and pronouns. The transsexual employee should be reminded to give people a chance to get used to her new presentation. The transsexual person has had years to learn to cope with the fact that her gender identity did not match her body, and her co-workers may also need some time to adjust.
Employers as well as co-workers sometimes worry that a transsexual worker is or may become mentally unbalanced or emotionally unstable or that other changes may make her unable to perform her job. These fears have no objective or rational basis. If the employee has been able to do her job during the several months before beginning to work in her new role, she almost certainly will afterwards. Hormone treatments do not normally affect a transsexual person's emotional stability, and transsexualism is not a reflection on a person's mental health. Physical strength may be affected: male-to-female transsexuals may have to work harder to retain muscle mass, while female-to-male transsexuals can build strength more easily.
Often, transsexual employees become easier to work with, more productive, happier and more outgoing after transitioning, but other things may not change. If the employee has problems with anger management, observing professional boundaries, poor judgment, and the like, these will probably continue. The biggest impediment to high-quality work performance during transition is the stress of dealing with hostility from others in the work environment if this is allowed to occur.
In very rare cases, a transsexual person may decide not to go through with transition and revert to her former role. The Standards of Care for transsexuals are designed to give people in transition every opportunity to do just this, so that irreversible steps, such as surgery, are not taken if the transsexual person might regret them. Thus the abandonment of the transition process can be seen as a success in that a serious mistake has been avoided. It can be difficult, however, for the transsexual person's co-workers, especially if they have tried to be supportive of her. This reversal occurs in less than 1 percent of transitions, but when it does, a meeting in which a psychotherapist or an HR professional explains it helps co-workers to come to terms with it.
A system for monitoring conditions in the transsexual person's work environment should be devised. Transsexuals may not report harassment because they don't want to cause trouble or because they fear repercussions from their co-workers or supervisors. The HR professional should take the initiative in ongoing assessment of the adjustment of both the transsexual person and his co-workers.
The company should be prepared to investigate and deal swiftly with any complaints of harassment or discrimination. Procedures already in place to deal with other types of unacceptable behavior can be used. Complaints about the behavior of the transsexual employee must receive the same follow-up as any other complaint, although they can sometimes be resolved simply by reminding or informing the transsexual worker about expectations of him in his new role. If harassment or hostile behavior goes unchecked, problems may become more intransigent or even insoluble.
If there are employees who have ongoing difficulty working with a transsexual person despite training, counseling should be provided for them. This can be done through employee assistance programs, counseling staff, or outside therapists. A therapist who is familiar with transition issues may be particularly helpful in some cases, although any good therapist should be able to assist employees in dealing with their feelings. HR professionals may need to remind employees of the availability of this resource.
Most of the difficulties that arise when an employee transitions resolve themselves within a month or two as others in the work environment become accustomed to the transsexual person in his new role. Nonetheless, the HR department should continue its follow-up with the transsexual employee for an extended time period to make sure that there are no problems.
When a transsexual employee is ready to have reconstructive surgery performed, he may find that the company's health insurance plan does not cover procedures related to change of sex. Although insurance providers may justify this exclusion on the basis that these procedures are elective or experimental, they are part of an accepted medical protocol that has proven effective in treating transsexuals. In an effort to provide fair compensation for their transsexual workers, some companies are now offering insurance plans that cover transsexual treatment. The cost of these programs is minimal (the additional cost has been estimated to be 0.005 percent to 0.5 percent) and they help companies retain valued workers (Transgender at Work, www.tgender.net/taw).
The transitioning of transsexual employees is becoming more common. Still, it is an occurrence that many people find challenging. Whether the transition proceeds smoothly or there is hostility and resentment, disruption in the work routine, and loss of productivity depends to a large extent on how the company manages the transition. Keys to successful transition are:
When basic guidelines are followed and common sense and flexibility are employed, transition can proceed smoothly without disrupting the workplace, interfering with productivity, or costing the company a valued worker. Transsexual workers have made outstanding contributions to their companies in a wide variety of fields. Retaining a transsexual worker through transition is a win for both the company and the employee.
Center for Gender Sanity, www.gendersanity.com
FTM International (FTMI), www.ftmi.org
Gender Education and Advocacy (GEA), www.gender.org
Human Rights Campaign (HRC) WorkNet, www.hrc.org/worknet
International Foundation for Gender Education (IFGE), www.ifge.org
Intersex Society of North America (ISNA), www.isna.org
National Center for Lesbian Rights (NCLR), www.nclrights.org
National Gay and Lesbian Task Force (NGLTF), www.ngltf.org
Pride at Work (PAW), www.prideatwork.org
Transgender at Work (TAW), www.tgender.net/taw
Transgender Law and Policy Institute, www.transgenderlaw.org
How Frequently Does Transsexualism Occur? Lynn Conway, 2002. Available online at ai.eecs.umich.edu/people/conway/TS/TSprevalence.html
The HBIGDA Standards of Care for Gender Identity Disorders. Harry Benjamin International Gender Dysphoria Association, 2001. Available online at www.hbigda.org/soc.cfm
The International Bill of Gender Rights vs. the Cider House Rules: Transgenders Struggle With the Courts Over What Clothing They Are Allowed to Wear on the Job, Which Restroom They Are Allowed to Use on the Job, Their Right to Marry, and the Very Definition of Their Sex. Phyllis Randolph Frye. William and Mary Journal of Women and the Law, vol. 7, p. 133, 2000. Available online at transgenderlegal.com/cider1.htm
The State of the Workplace for Gay, Lesbian, Bisexual and Transgender Americans: A Semi-Annual Snapshot. Human Rights Campaign, 2002. Available online at www.hrc.org/publications/sow2002/snapshot.pdf
Training Tough Topics. Liz Winfeld, ed. AMACOM, 2000. $99.95 loose-leaf.
Transgenderism and Transition in the Workplace. Dana Priesing. Human Rights Campaign, 1999. Available online at www.hrc.org/worknet/transgender/dana2.pdf
Transsexual Workers: An Employer's Guide. Janis Walworth. Los Angeles: Center for Gender Sanity, 1998. $16.00 paper.
True Selves: Understanding Transsexualism. Mildred Brown and Chloe Ann Rounsley. San Francisco: Jossey-Bass, 1996. $24.95 hardcover.
Working With a Transsexual: A Guide for Coworkers. Janis Walworth. Los Angeles: Center for Gender Sanity, 1999. $12.00 paper.
Workplace Guidelines for Transgendered Employees. American Airlines, 2001. Available online at www.hrc.org/worknet/transgender/AA_guidelines.pdf
SHRM wishes to thank Janis Walworth, MS, for contributing this paper. It is intended as general information only and is not a substitute for legal or professional advice.
Janis Walworth, MS, is co-founder of the Center for Gender Sanity, an organization that assists with transgender issues in the workplace. She is author of two books, Transsexual Workers: An Employer's Guide and Working With a Transsexual: A Guide for Coworkers, and a chapter on training transgender issues in Training Tough Topics. She has helped with transsexual transitions in dozens of workplaces across the United States.
Copyright 2003, Society for Human Resource Management. Inquiries regarding reprints and use of this article should be directed to Dkeary@shrm.org.
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Updated December 18, 2003
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