Gender Identity Issues in the Workplace
Definitions
Gender identity is defined as the inner sense of being a man or woman, regardless of biological sex. Gender identity is not the same thing as sexual orientation.1
Gender expression is how an individual manifests a sense of masculinity or femininity through how one looks, acts, grooms, or dresses. 2
Transgender is a broad term that includes cross-dressers, intersex people, transsexuals, and people who live substantial portions of their lives as other than their designated birth gender. 3
Intersexed is one who is born with sex chromosomes, external genitalia or an internal reproductive system that do not fit traditional definitions of female or male. People who are intersex may or may not identify as transgender. 4
Transsexual people identify with the roles, expectations, behaviors and expressions more commonly associated with a sex than what she or he was assigned at birth. Transsexuals often seek to change their physical characteristics for that of another gender, which may or may not include hormone therapy and sex reassignment surgery. 5
Gender Identity Disorder/Gender Dysphoria: According to the American Psychiatric Association, this is a psychological diagnosis of severe distress and discomfort caused by the conflict between one’s gender identity and one’s sex at birth. Not all transsexual people experience gender identity disorder or gender dysphoria, and not all people with gender identity disorder/gender dysphoria are transsexual. This term is controversial due to its inclusion of the word "disorder."6
Employers with Non-Discrimination Policies Including Gender Identity
- Fortune 1000 Companies: 3107
- Not-for-profits: 1498
- Colleges and Universities: 1049
Why should we pay attention to gender identity as a workplace issue?
- In the United States, 1 in 850 Americans could possess gender identity disorder, and 1 in 240,000 seeks sexual reassignment surgery.10 Such a low number is most likely attributed to social stigmas attached to the condition, small data sampling, and short-term review of data.
- Another study estimates people who have undergone sexual resassignment surgery to be .25% to 1.0% of the population. This figure does not include the broader transgender population.11
- Including gender identity protection in one’s policy sends a message that diversity is important. According to Ben Hladilek, HR business partner at JP Morgan Chase in New York: "What we have found in our recruiting efforts is that individuals will often look for signals about what a culture is like; having gender identity protection signals we are a diversity leader and are serious about providing an inclusive environment."12
- In the United States, 15 states and the District of Columbia have laws prohibiting discrimination based on gender identity/expression.13
Discrimination against Transgender Individuals
- One study found 90% of transgender individuals had experienced harassment or mistreatment on the job, or took steps to avoid it.14
- Forty-seven percent of individuals in the same study had been fired, not hired, or denied a job promotion due to being transgender/gender non-conforming. 15
- A small study of 155 transgender participants by the National Center for Lesbian Rights and the Transgender Law Center found that nearly 1 in 2 transgender respondents has experienced employment discrimination.16
Transgender Individuals in the Workforce
Companies must pay attention to gender identity as a workplace issue because transgender people exist in the workforce
- Dr. Renee Richards, physician and pro-tennis player17
- Lynn Conway, Professor of Electrical Engineering & Computer Science18
- Stephen Whittle, Lawyer, Professor of Law
- Margaret Stumpp, Ph.D., Chief Investment Officer for Quantitative Management, Prudential Investments19
- Mary Ann Horton, UNIX System Administrator at Sempra Energy 20
Sources
1 Human Rights Campaign, Transgender Inclusion in the Workplace, 2nd ed.(2008).
2 Human Rights Campaign, Transgender Inclusion in the Workplace, 2nd ed.(2008).
3 Human Rights Campaign, Transgender Inclusion in the Workplace, 2nd ed.(2008).
4 Human Rights Campaign, Transgender Inclusion in the Workplace, 2nd ed.(2008).
5 Human Rights Campaign, Transgender Inclusion in the Workplace, 2nd ed.(2008).
6 Human Rights Campaign, Transgender Inclusion in the Workplace, 2nd ed.(2008).
7 HRC, Employer Database (2011).
8 HRC, Employer Database (2011).
9 HRC, Employer Database (2011).
10 Mary Ann Horton, "The prevalence of SRS among US residents" (unpublished).
11 Femke Olyslager and Lynn Conway, "On the Calculation of the Prevalence of Transsexualism," WPATH 20th International Symposium Presentation ,(September 5-8, 2007).
12 Rebecca R. Hastings, Society for Human Resource Management, "Is it time to add gender identity to your EEO policy?" (2006).
13 National Gay and Lesbian Task Force, "State Nondiscrimination Laws in the U.S." (June 14, 2011).
14 Jaime M. Grant, Lisa A. Mottet, Justin Tanis, Jack Harrison, Jody L. Herman, and Mara Keisling, Injustice at Every Turn: A Report of the National Transgender Discrimination Survey (2011).
15 Jaime M. Grant, Lisa A. Mottet, Justin Tanis, Jack Harrison, Jody L. Herman, and Mara Keisling, Injustice at Every Turn: A Report of the National Transgender Discrimination Survey (2011).
16 Shannon Minter and Christopher Daley, "Trans realities: a legal needs assessment of San Francisco’s transgender communities" (2003).
17 GLBTQ: An Encyclopedia of Gay, Lesbian, Bisexual, Transgender, and Queer Culture, "Richards, Renee" (2002).
18 Lynn Conway, "Lynn Conway: Computer Scientist, Electrical Engineer, Inventor, Research Manager, Engineering Educator." http://ai.eecs.umich.edu/people/conway/conway.html
19 Quantitative Management Associates, "Senior Management."; Lorraine Ali, "No Big Deal," Newsweek (May 12, 2007).
20 Mary Ann Horton, "Mary Ann Horton’s Diversity Page" (2003); Mary Ann Horton, "Mary Ann Horton, PhD."
UPDATED July 6, 2011
