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Posted by on in Gender Discrimination
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Legal Protection & Good Practice for Transgender People In The Workplace

Transgender people have experienced considerable media attention this year which offers opportunity to reflect on this group's status within employment regulations. The unfortunate reality is that trans people still face varying levels of equality, if not in substance rather than objective.

Some discrimination protections on gender identity have existed since 1999. The Equality Act 2010 was enacted with the primary purpose to codify the complicated and various array of Acts and Regulations, which formed the basis of anti-discrimination law in the UK including the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.

The legal rights have given rise to a number of specific negotiating issues, which are covered by the heading of employee benefits, with particular reference to occupational pension schemes, dealing with harassment at work, and changes to policy on parental and adoption leave. It is important for employers to note that for transgender persons their reassignment period is a turbulent time and it is good practice to allow a period of gender transition and work allow active communication with the employee.

Although the legal status of lesbian, gay, bisexual and transgender (LGBT) people has changed dramatically, particularly in the last ten years, the improvement is not at the same level everywhere. Prejudice and ignorance continue to dominate the social position of these groups within the workplace. Research has suggested that at least half of LGB people are not out in their workplace. That is why it is important that it can be seen that a workplace is LGBT-friendly and the issue of a trans member of the workforce is handled appropriately.

The underlying principle when dealing with a trans member of the workforce, at every point in the process, maximum confidentiality must be observed as long as the member wishes that to be the approach. It is of the utmost important that each member be treated as an individual case, but requires the same respect for the wishes of the member if their transition to a new gender is to be brought about successfully in a workplace.
Developing a plan with the member covering the following issues will be a good approach to workplace planning, with approval required from management on the proposed steps (while maintaining confidentiality). Some of the issues likely to arise during the period of transition are:

• Remaining in post or redeployment?
• Information and training of others in LBGT issues;
• Time off for treatment;
• Date of new gender registered in company records;
• Gender identity in harassment policy;
• Pensions;
• Disclosure of present or previous identities; and
• Record retention.

Each organisation should implement policy on how they should individually cover the legal rights that LGBT workers have and should use these rights as the basis for negotiating decent and effective policies and practice in a workplace. Appreciating the diversity of the LGBT communities means that these issues should not be compartmentalised and equality practices need to be specific so as to benefit all the organisations policies.
The current media attention may be used as momentum to push for employers to recognise the issue of maintaining trans people's rights within the workplace and work towards greater equality for these groups of people.

 

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