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Gender Identity Issues in the Workplace

Quick Takes

Published: May 2009

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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

Transgendered is a broad term that includes cross-dressers, intersex people, transsexuals, and people who live substantial portions of their lives as other than their birth gender.3

Intersexed is one who is born with sex chromosomes, external genitalia or an internal reproductive system that is not considered "standard" for male or female.1

Transsexual people identify with the roles, expectations, behaviors and expressions more commonly associated with a sex than he/she 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.1

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.1

Employers With Non-Discrimination Policies Including Gender Identity
  • Fortune 500 Companies: 1764
  • State Governments: 84
  • City and County Governments: 804
  • Not-for-profits: 245
  • Colleges and Universities: 995
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.6 Such a low number is most likely attributed to social stigmas attached to the condition, small data sampling, and short-term review of data.
  • 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 people has experienced employment discrimination.7
  • 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."8
  • In the United States, thirteen states and the District of Columbia have laws prohibiting discrimination against people based upon their gender identity/expression.9
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 player10
  • Lynn Conway, Professor of Electrical Engineering & Computer Science11
  • Stephen Whittle, Lawyer, Professor of Law12
  • Margaret Stumpp, Ph.D., Senior Managing Director for Quantitative Management, Prudential Investments13, 14
  • Mary Ann Horton, Vice President, Distributed Computer Engineer, JP Morgan Chase15
Sources

1 Human Rights Campaign, Transgender issues in the workplace: a tool for managers (2004).

2 Gender Public Advocacy Coalition, "Glossary of Terms."

3 Human Rights Campaign, Transgenderism and transition in the workplace (1999).

4 Human Rights Campaign Foundation, The State of the Workplace for Lesbian, Gay, Bisexual and Transgender Americans 2007-2008 (2009).
 

5 HRC, Employer Database (2009).

6 Mary Ann Horton, "The prevalence of SRS among US residents" (unpublished).

7 Shannon Minter and Christopher Daley, Trans realities: a legal needs assessment of San Francisco's transgender communities (2003).

8 Rebecca R. Hastings, "Is it time to add gender identity to your EEO policy?" Society for Human Resource Management (2006).

9 The National Gay and Lesbian Task Force, "State Nondiscrimination Laws in the U.S." (July 31, 2008).

10 GLBTQ: An Encyclopedia of Gay, Lesbian, Bisexual, Transgender, and Queer Culture, "Richards, Renee" (2006).

11 "Lynn Conway" (2006).

12 "Professor Stephen Whittle" (2006).

13 Amalgamated Bank, "Trust services biographies" (2008).

14 Armour, Stephanie, "Transgender employees see changes in colleagues, too," USA Today (2005).

15 Horton, Mary Ann, "Mary Ann's professional and technical interests" (2006).

UPDATED May 21, 2009

Quick Takes