Presenters: Mara Keisling & Lisa Mottet, Esq. May 6, 2014 Serving Transgender Customers at American Job Centers

Agenda Transgender 101 Understanding Transgender Experiences Assisting Transgender Job-Seekers

Terminology Gender Identity Gender Expression Transgender Transgender Woman Transgender Man

Transition Some individuals will transition from living and working as one gender to another. These individuals often seek some form of medical treatment such as counseling, hormone therapy, electrolysis, and reassignment surgery. This type of medical and counseling support is NOT easy to come by. Some individuals, however, will not pursue some (or any) forms of medical treatment because of their age, medical condition, lack of funds, or other personal circumstances. Not all transgender individuals will follow the same pattern, but they all are entitled to the same consideration as they undertake the transition steps appropriate for them, and should all be treated with dignity and respect.

Transgender Women Pronouns: She, her

Transgender Men Pronouns: He, Him

Genderqueer, Gender Non- Conforming People and Others Some folks don’t identify as 100% male or female, but instead as genderqueer or another term they prefer Pronouns: ask!

Non-offensive Terminology  Transgender People  Transgender Woman  Transgender Man  Gender Transition  Trans  Whatever the person says they prefer !

Terminology to Avoid  Transgenders*  Transgendered*  Sex Change  Pre-operative*  Post-operative*  Cross Dresser*  Transvestite  She-male  He-she  Tranny*  It *A term sometimes used by trans community members, so in some contexts it may be acceptable for them to use

Things Not to Ask or Say:  Do not ask: “Have you had surgery?” “What was your old name?”  Do not say: “I would never be able to tell.”

Respectful Interactions  If you are unsure of the pronouns someone prefers, ask them nicely  Use a person’s preferred name in every circumstance  If others are not respecting a person’s gender identity, do something!  Inquire about identity and gender transition only when relevant to your work

Data on Discrimination National Transgender Discrimination Survey Methodology: n=6,456 Sept Feb Internet and Paper Spanish and English

Key Findings Discrimination was pervasive across all areas of life and all demographics Education Employment Housing Public Accommodations ID Documents Police/Jails Health Family

Education

Employment 90% harassed, mistreated, discriminated against, or hid who they are to avoid it  26% lost a job  44% not hired  50% were harassed  57% delayed gender transition  71% hid their gender or gender transition

 48% information shared about them to coworkers  45% referred to by wrong pronouns on purpose  41% inappropriate questions  22% denied access to appropriate bathrooms  9% physically and 8% sexually assaulted at work Employment

16% moved to underground economy Those who lost a job = double+ underground economy 4x homelessness more incarceration double+ HIV double+ drinking/drugs Employment

Key Findings Anti-Transgender Bias + Racism = Devastation

Key Findings Respondents lived in extreme poverty, nearly 4X more likely to earn <$10k

Experiences to Watch Out For Discrimination and disrespect can come from anyone: intake staff, job counselors, trainers, other job-seekers, facility security staff, and the employers who are seeking candidates There are many ways this could play out: The person comes into the Job Center and is not respected immediately because of the way they look: snickered at, referred to by the wrong name and gender pronoun (he/she), or denied access to facilities The person has a poor work history because of discrimination and isn’t getting competent assistance by the Job Center staff Employers won’t hire a transgender job-seeker, even though they are as qualified as other applicants

Additional Challenges Name/gender on ID documents are not updated Gaps in employment history due to discrimination Have lost or let go of past professional contacts and associations because of transition, or have changed careers Decreased confidence due to experiences of discrimination Never worked outside of street economy before History of criminal convictions History of substance abuse or mental health challenges that are aggravated or caused by stress due to discrimination

Best Practices Recommendations originate from: Adapted from transgender-serving workforce development organizations as well as employers The Transgender Economic Empowerment Initiative of San Francisco

Basic Recommendations Have a written policy of non-discrimination that covers the entire Job Center, all of its services and affiliated programs, as well as employees Train all staff on the policy, including respectful treatment and the Golden Rule: treat transgender women like other women, and transgender men like other men Train employers and training providers to not discriminate against transgender applicants and employees Teach Job Center employees what are the unique qualities and concerns of transgender job-seekers are Consider developing specialized staff to assist with the complex/nuanced challenges of transgender job-seekers and to intervene with employers committing hiring discrimination

Greeting and Processing  Ensure that a person’s preferred name is recorded and used for all purposes, with narrow exceptions for legal documents  Staff must use preferred pronouns and forms of address. If not sure, ask politely. (“I want to be respectful. Should I refer to you as he or she?”)  Do not ask questions about a person’s medical status or body. It is not relevant and can constitute harassment.

Confidentiality  Confidentiality should be the default  Follow the preferences of job-seeker on questions of confidentiality about their transgender status  No obligation to tell employers or anyone else  In fact, potential obligation to NOT tell employers or anyone else

Restrooms Approximately 80% or more of employers are providing appropriate access Recommendations:  Access to restrooms should be according to a person’s gender identity at the Job Center and at training programs  Deal directly with, and/or provide training to, those who object or disagree with the policy

Name/Gender Documentation  Transgender people should generally be allowed to apply for jobs and training using their preferred name (unless legal name is required)  Provide information and assistance (or referrals) to job-seekers who need to update their name/gender on ID documents  Maintain referrals for other types of legal challenges, including updating criminal histories

Job Histories May be non-existent and folks are trapped outside of traditional employment, chronically “unemployed” May have gaps due to discrimination May not include employers with positive references, either because of bias or because the employer doesn’t know the person transitioned and can’t know

Job Histories - Support Help job-seekers determine which previous employers or individuals will serve as good references Help job-seekers convert a presumed “bad” reference into a “good” reference Help job-seekers identify or develop new references, such as by volunteering full-time Find jobs that don’t care the same way about work histories Help explain the gaps to a potential employer, with the job-seeker’s permission, and the potential opportunity to get a loyal employee that other employers are overlooking because of trans discrimination

Reference Checks A job seeker may want to not be known as trans to a previous employer, so may want a reference checker to use the person’s old name and gender pronouns A job-seeker may want assistance explaining their transgender status to a HR person doing the check, and for you to note the importance of confidentiality If worried the previous employer is outing a trans employee to potential new employers, offer to call the previous employers to hear what the employer says (or have them recruit another person to do so)

Criminal Record A job-seeker may have a criminal record may be due to survival crimes, like sex work, drugs, or being homeless. Of trans people, 16% have resorted to criminal activities for income. 7% of those with graduate degrees have done so. What can you do? Same things as with others – expungement, find employers that don’t care, explain the issue to employers who care only about certain types of offenses

Interview Support  Be able to talk to job-seekers about the pros and cons of being “out” during the interview and hiring process  Be able to talk about how much personal information to share, or not share, especially related to gaps in employment or previous employment discrimination they faced  Respect a job-seeker’s decision to be out, or not out, even if it does not seem “wise” to you

Dress/Appearance  Support job-seekers who dress in accordance with their gender identity, and don’t tell them to dress against their gender identity  Be aware of employers that allow for gender- neutral dress options  Your specialized staff may be able to provide respectful advice to job-seekers who have questions related to gendered appearance for interviews

Educating Employers Suggest or require employers to have a non-discrimination policy, and suggest a policy on gender transition in the workplace Explain benefits of training their staff on how to not discriminate, especially hiring officers and those in HR Explain why transgender applicants may have work histories that have gaps, etc., and are often underemployed and can make particularly loyal employees Explain the importance of confidentiality Ask them if they have positions where a criminal record is not a barrier to employment

Dealing with Discriminatory Employers and Training Providers When job-seekers report discrimination by potential employers and training providers, consider: Contacting the entity and describing the apparent problematic behavior Reminding them that discrimination may be illegal Suggesting resources for educating themselves on eliminating discrimination and maintaining fair workplaces and training programs Suggest they train and/or discipline their staff

Sample Policy to Share with Employers Office of Personnel Management “Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace”

From OPM - Excerpts Confidentiality and Privacy: An employee's transition should be treated with as much sensitivity and confidentiality as any other employee's significant life experiences, such as hospitalization or marital difficulties. Employees … may be concerned about safety and employment issues if other people or employers become aware that he or she has transitioned. Moreover, medical information received about individual employees is protected under the Privacy Act (5 U.S.C. 552a). Sanitary and Related Facilities: … For a transitioning employee, this means that, once he or she has begun living and working full- time in the gender that reflects his or her gender identity, agencies should allow access to restrooms and (if provided to other employees) locker room facilities consistent with his or her gender identity.

A Good Non-Discrimination Policy Includes Should be updated to include “gender identity or expression” Should include an OPM-style gender transition policy, just as recommended for other employers Why? This helps set the tone for client services, as well as expands your ability to hire and retain transgender staff members who may be able to lend assistance to your staff regarding transgender job-seekers

Community Organizations Figure out what local/state transgender organizations exist and develop relationships with them (and help you identify trainers and other resources) Reach out about the services that the center offers, such as job training Support/partner in transgender job fairs, where employers are trained/educated in advance Support/partner in “know your rights” trainings

Trans/Friendly Organizations West and Southwest: Gender Justice League (WA), Trans Justice of Basic Rights Oregon, Transgender Law Center (CA), Gender Justice Nevada, Equality Utah, Trans Resource Center of New Mexico, Southern Arizona Gender Alliance, Montana Human Rights Network, LGBT Center of Colorado Midwest: FORGE (Wisconsin), Indiana Trans Rights Advocacy Association, One Iowa, Outfront Minnesota, PROMO (Missouri), K-STEP (Kansas), Transgender Michigan, TransOhio

Trans/Friendly Organizations South: Southerners on New Ground (all of the South), Freedom Center for Social Justice (NC), Louisiana Trans Advocates, Tennessee Transgender Political Coalition, Trans*Action Florida, Transgender Education Network of Texas, Arkansas Trans Equality Coalition, Equality South Carolina Northeast: Maine Trans Net, Transgender New Hampshire, RU12? of Vermont, Massachusetts Transgender Political Coalition, Gay & Lesbian Advocates & Defenders (all of NE) Mid-Atlantic: Trans Rights Network of New York, Gender Rights Advocacy Association of New Jersey, Equality Pennsylvania, Maryland Coalition for Transgender Equality, DC Trans Coalition

For More Information For assistance, contact either of us: Lisa Mottet, Mara Keisling, Clair Farley, Transgender Economic Empowerment Initiative, For data from the National Transgender Discrimination Survey, go to For OPM’s Transgender Guidance, go to