GENDER IDENTITY & EXPRESSION IN THE WORKPLACE:
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GENDER IDENTITY & EXPRESSION IN THE WORKPLACE: CREATING POLICY AND MAKING PRACTICE ...

GENDER IDENTITY & EXPRESSION IN THE WORKPLACE: CREATING POLICY AND MAKING PRACTICE

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  • 1. Aisha Sanchez, Associate Ford and Harrison, LLP GENDER IDENTITY & EXPRESSION IN THE WORKPLACE: CREATING POLICY AND MAKING PRACTICE
  • 2. Moderator Becky Ross Marketing Manager (303) 228-8753 bross@kpaonline.com
  • 3. Presenter Aisha Sanchez Associate Ford and Harrison, LLP asanchez@fordharrison.com
  • 4. If you have questions during the presentation, please submit them using the “Questions” feature Questions will be answered at the end of the webinar QUESTIONSQuestions
  • 5. GENDER IDENTITY & EXPRESSION IN THE WORKPLACE: CREATING POLICY AND MAKING PRACTICE Aisha Sanchez Ford Harrison LLP 813.261.7849 asanchez@fordharrison.com
  • 6. Overview: • Getting a Grip on Proper Terminology • Recent Cultural and Legal Developments • Management Tools • Coworker Tools • Resources
  • 7. Sticks and Stones: Mastering Terminology
  • 8. PHYSICAL SEX (Biological Anatomy) Male ----------------- INTERSEX ------------- Female GENDER IDENTITY (Psychological Sense of Self) Man ----------------- TWO SPIRITS ------------- Woman GENDER EXPRESSION (External Presentation) Masculine ---------- ANDROGYNOUS ----------- Feminine SEXUAL ORIENTATION (Romantic/Erotic Response) Toward Men ------- TOWARD BOTH/NEITHER ---Toward Women Source: Association of Corporate Counsel Publication by Christine Michelle Duffy, 2011
  • 9. Key Terms Generally Acceptable • Gender Identity Disorder/Gender Dysphoria • Transgender • Gender Affirmation • Gender Expression • Surgery • Transition Generally Unacceptable • Tranny • He-she; shape- shifter • Hermaphrodite • Transvestite • Sex change; pre-op; post-op
  • 10. Cultural and Legal Developments
  • 11. Cultural Shifts
  • 12. Statutory Protections Source: Mother Jones 2011
  • 13. Interpretive Protections Mia Macy EEOC Vandy Beth Glenn 11th Circuit
  • 14. Management Tools
  • 15. Design Your Winning Game Plan • Take your organization’s temperature • Work with what you’ve got o Basic Game Plan – Mitigate Risk o Intermediate Game Plan – Add Value o Aspirational Game Plan – Brand Inclusion • Track your organization’s results
  • 16. Basic Game Plan – Mitigate Risk • What is the law, and does it apply to us? • Minimal practices: – Revise employee handbook – Have clear and specific complaint procedures – Train your managers – Update orientation presentation – Be knowledgeable about your restrooms, locker rooms, and other gender-specific areas
  • 17. Intermediate Game Plan – Add Value • What is the business case for inclusion? • Suggested practices: – Examine current personnel practices for cost- effective and creative solutions – Take a closer look at the medical insurance plan – Adopt written protocol for handling transgender employment issues – Conduct anonymous employee surveys
  • 18. Aspirational Game Plan – Embracing Inclusion in Company Culture and Branding • We get the “business case,” but what about the “people case”? • Suggested practices: – Set the tone from the top – Be choosy with your outside vendors – Publicly support and engage with the transgender community – Activate an Employee Resource Group
  • 19. Tracking Your Results • Measuring diversity and inclusion • Compare costs to savings • Celebrate and share the positives • Learn from and share the negatives • Modify as you go
  • 20. Coworker Tools
  • 21. What Am “I” Comfortable With? • What are my personal views about all of this? – Basic Level: Be Professional – Intermediate Level: Support My Co-Worker – Aspirational Level: Be an Ally • What results are important to me, and how do I track them?
  • 22. Basic Level: Be Professional • What are the rules, and how do they affect me and my work? • Suggested approaches: – Focus on the work objective and the strengths and contributions of all team members – Avoid workplace gossip – Follow your coworker’s pronoun/name cues – If you are uncomfortable, then say so respectfully and with an eye toward effective resolution
  • 23. Intermediate Level: Support My Coworker • What can I do to help my transgender coworker feel safe, comfortable, and productive at work? • Suggested approaches: – Respect every person’s inherent sense of “self” – Maintain confidentiality and privacy – Be a respectful liaison to other employees struggling with accepting transgender coworker – Lead by example
  • 24. Aspirational Level – Be an Ally • Transgender inclusion is important to me. How can I communicate that effectively at work? • Suggested approaches: – Discuss the topic openly and professionally – Avoid “poster-child” syndrome – Support ERGs – Offer creative solutions
  • 25. Tracking My Results • Have I stayed on task, or has this issue side- tracked my professional development and success? • Have I leveraged my personal outlook on this issue to distinguish myself positively and professionally? • Am I at a point where the “transgender” issue is really a “non-issue” at work? • Am I satisfied with my work environment?
  • 26. Resources • Human Rights Campaign: www.hrc.org – Corporate Equality Index – Employer Resources • Out & Equal: www.outandequal.org – Employee Resource Group Registry • Lambda Legal: www.lambdalegal.org – Transgender Toolkits
  • 27. QUESTIONS? THANK YOU! Aisha Sanchez Ford Harrison LLP 813.261.7849 asanchez@fordharrison.com