Case study on gender-related topic

Transgender and employment

Introduction

The modern business workforce is perceived to have evolved to the extent of becoming more and more diverse. An example of this mushrooming diversity is the willingness of transgender employees to openly identify themselves as being transgender at their workplaces (Bender, 2011). In most cases, it has been noted that employers do not ensure that they have practices or policies which assists in addressing numerous of considerations which evolves when worker is identified as transgender. As a result of that workers end up finding themselves in some reactionary position i.e. caught unaware of such crucial issues which may be at times be difficult for either the employer or the workers to handle. This in return makes it hard for them to pass on positive message concerning the core values of the company regarding inclusion and diversity (Sheridan, 2009).

On the other hand, this then indicates that our contemporary business organizations have a lot to do when it comes to the inclusion of transgender individuals in workplaces. Although currently few businesses have tried to champion this issue through instituting practices and policies which embraces diversity, still a large number of them have to adopted gender transition principles, gender identity protection, and so on (Bender, 2011). This then means that by ensuring that transgender workers have been treated with respect and dignity mainly demands accommodations which the majority of workers have not yet taken into consideration. Furthermore, many business owners or employers are not sure of the legal issues of their country or the jurisdiction that they operate in (Andrea, 2015).

Background research

According to the researches which have been carried before, it is illustrated that there exists no explanation or reason as to why individuals are transgender. Often the diversity of transgender experience and experience argues against any form of unitary or simple explanation offered about it. It is believed that various biological factors are the main contributing factors to the development of transgender identities (Bender, 2011). Issues regarding transgender have extensively triggered policy discussion in the recent past. This has been fostered by high-profile of individuals altering their sexual characteristics or identification. Typically, gender identification entail the sex with which an individual indentifies. Thus gender expression involves how an individual expresses his or her gender identity through voice, clothing, behavior, and other means (Andrea, 2015).

Nevertheless, it has been noted that transgender individuals often do encounter discrimination in their workplaces and public facilities like schools. This then illustrates that this is where human resource manager plays a significant role (Sally &Tam, 2010). Contrary to that, with the increasing ongoing and inconsistent changes regarding HR practices and policies concerning gender identification, HR managers have been faced with a lot of challenges in maintaining and creating a fair working environment for the employees (Köllen, 2016). This, therefore, presents a unique challenge to the human resource departments.

An individual needs to take into consideration the controversies concerning dressing room and bathroom issues in business organizations so as to understand the fanatical attitudes surrounding this subject. The role of employers and HR manager entails staying enthusiastic about ensuring equal and fair treatment of all workers. This is achieved through ensuring that their organization is adhering to the laws and regulations which govern employees (Andrea, 2015).

Additionally, several countries and cities have varying laws which prohibit transgender discriminations. Moreover, although others are yet to take that into considerations, others do not conform to any sex stereotype theories regarding gender identity. This has made employers to be reluctant to take into consideration the anti-discrimination laws and regulations which applicable to their businesses. Although this issue still remains to be more complex, the only remedy which has been advanced is looking at the willingness of employers to accommodate transgender workers in their business enterprises (Bender, 2011).

Methods

I began researching legal issues related to women in business by using the Westlaw Campus database and browsing for cases related to labor and employment and using the search word ‘gender’. I found several interesting cases but ultimately decided to focus first on the case of a person fired for having a medical diagnosis of gender identity disorder (Glenn v. Brumby, 2010). In the notes of that case, I found several other court cases that brought up similar complaints against businesses and colleges. This led to me investigating gender stereotypes and how large companies are handling non-normative gender presentations by employees. Now I am interested in knowing what companies are well-known for inclusive business practices toward transgendered individuals.

The ABI/INFORM Collection database led me to the opposite information. When searching for transgender and business the second article was about employers’ unwillingness to accommodate transgender employees. I decided this would be a source of companion material for my case study: what not to do.  

Result analysis, findings, and conclusion

From the investigation carried above, it has been noted that the issues concerning transgender workers or those who are transitioning their gender are evolving and complex. Business owners as well as HR managers are the ones who need to be in the frontline in ensuring that bias does not play any role in job assignment, promotions, recruitment decisions, as well as the general access to facilities like toilets (Andrea, 2015). With respect to that, establishing clear understanding of all the issues affecting transgender individuals is significant in curbing discrimination and enhancing good business.

Similarly, the result of this research indicates that the majority of transgender individuals do encounter inconsistent amounts of gender discrimination in all spheres of life, particularly during hiring process. At least 80% of the transgender job seeker and employers have reported having experienced harassment, mistreatment, and invasion of privacy, discrimination, and so on not only in their society but also in their workplaces. As a result of that, this information underscores the role of human resource department in creating safe and respectful working environment for all workers (Taylor & Haider, 2014).

Moreover, it was realized that during recruitment process, the majority of the recruiting managers or supervisors do not remain to be sensitive to the fact that some of the applicants might have transitioned. Normally, during employment process, name and gender of the application’s credentials ought to match with the current legal or usage status. Contrary to that, suitability or background checks can in return reveal a sex which is not similar the existing gender of the applicant. In such circumstance, recruiting manager becomes reluctant in inquiring further (Taylor & Haider, 2014). This in return denies them the chance of getting employed in the organization of their choice.

In addition to that, it was noted that the majority of business employers are compelled with several questions regarding the manner in which they will effectively manager transgender workers in their workplaces, especially during transition process so as to reflect a person’s gender identification (Sally &Tam, 2010). Conversely, it has been recognized that leading by example is the effective means that managers makes use of in setting a tone in an office or in the employees working places. Respecting and treating gender non-conforming and transgender workers enhances good business relationships. For instance, in case a worker starts to transform form one sex to another i.e. from male to female and vice versa, employers usually become reluctant in responding to such issues. The reason for that is because of the fear of escalating curiosity in their business organizations (Köllen, 2016).

Summary and recommendations

To sum up, communication and training concerning the aforementioned issues have been proved to be the ultimate means of mitigating inherent challenges facing business owners, transgender workers, and workmates in their workplaces. In return, such efforts not only protect the privacy and safety of transgender workers but also assist workers not to violate transgender applicable laws and regulations in their workplaces (Sally &Tam, 2010). Regardless of the fact that there might not exist any single solution in every working environment, employers and transgender individuals ought to collaborate so as to be in the position of establishing policies and other work related-practices which are safe, respectful, and reasonable to transgender workers (Taylor & Haider, 2014).

In accordance to that, it should be noted that gender identity discrimination in not only working environment can affect any individual. Similarly, policies and regulations which hinder gender discrimination have been noted to have the capacity of protecting individuals who identify themselves as transgender or express their sex in a non-conforming manner  (Köllen, 2016). Likewise, it has the potential of protecting other people, particularly co-workers against gender stereotyping. An example of this is the case of men who some individual perceive as being too feminine or women whom they regard as being too masculine. This is to say that, employee policies barring harassment and discrimination on the basis of individual gender ultimately protects employment seekers and workers from form denied promotion or recruitment, harassment or subjection to adverse treatment (Taylor & Haider, 2014). This is because of the fact that they might be perceived as not conforming to the societal sex expectations.

Therefore, to be in the position of avoiding workers relations issues as well as discrimination claims, employers ought to be well prepared to deal with one’s gender identity. Ideally, they should be able to prepare transgender-associated policies and principles before any worker/s announces their transition (Köllen, 2016). Conversely, updating the prevailing policies as well as establishing guidelines for transgender identity is crucial in setting a tone of mutual respect and acceptance. Furthermore, employers should train, educate, and communicate with transgender workers, management authority, supervisors, and co-workers about their gender policies (Sheridan, 2009).

In accordance to that, employers should dedicate time to revisit some of their anti-discrimination policies and regulations so as to make it easier to include prohibition discrimination of transgender workers including gender expression and identity.  As compared other anti-discrimination policies, business owners should ensure that have placed such policies in employees’ handbook so as to reflect and communicate their anti-discrimination views about transgender issues (Taylor & Haider, 2014). This is to say that, the polices which ought to be taken into consideration includes when and how to communicate gender transition to co-workers, dressing codes, rules and regulations governing the use of dressing rooms and bathrooms, changing of the worker’s name and so on (Sheridan, 2009). Similarly, in the process of advancing transgender identity policies in their business enterprises, employers should be able to proactively implement programs and policies which are absolutely inclusive to the transgender society. 

 

 

 

 

 

 

 

References

Andrea N, (2015). Global inclusion. Changing companies: strategies to innovate and compete: Changing companies: strategies to innovate and compete Casi e studi d'impresa. FrancoAngeli Press

Bender-Baird, K. (2011). Transgender employment experiences: Gendered perceptions and the law. Albany: State University of New York Press.

Glenn v. Brumby (United States District Court, N.D. Georgia, Atlanta Division. Westlaw [July 2, 2010]).

In Köllen, T. (2016). Sexual orientation and transgender issues in organizations: Global perspectives on LGBT workforce diversity.

In Taylor, J. K., & In Haider-Markel, D. P. (2014). Transgender rights and politics: Groups, issue framing, and policy adoption.

Sally, H, &Tam S, (2010). Transgender Identities: Towards a Social Analysis of Gender Diversity. Routledge Press

Sheridan, V. (2009). The complete guide to transgender in the workplace. Santa Barbara, Calif: Praeger/ABC-CLIO.