Transgender Employment Policy Benchmark

Scope

We had the script completed by people in any of these three roles:

1. Human Resources (person in charge of Diversity)
2. Transgender employee who has been affected by these company policies
3. Leader of the GLBT Employee Resourse Group

Participants

1. Company A, a Silicon Valley technology company.
2. Company B, a financial institution headquartered in the NorthEast.
3. Company C, a technology firm headquartered in the NorthEast.
4. Company D, a technology company headquartered on the East Coast.
5. Company E, a technology company headquartered in the NorthEast.

Demographic information

1. Name, Title, and Role of person completmng the survey
1. Company A

Software Engineer, TG and ERG Leader
2. Company B

Vice President, Human Resources
3. Company C

Program Manager for Gay and Lesbian Diversity, HR
4. Company D

TG and ERG Leader
Diversity Professional, HR
5. Company E

Test Engineer, TG Leader
ERG Leader

Script Questions and Answers

1. What language is in the official EO policy that protects transgender employees?
1. Company A

"Gender identity, characteristics, or expression"
2. Company B

Our policy states that an employee will not be discriminated against or harassed because of his or her race, color, national origin, alienage or citizenship status, creed, religion, religious affiliation, age, sex, marital status, sexual orientation or affectional preference, disability, veteran status or any other protected status. These factors do not affect our decisions about any aspect of a person?s employment or our decisions about applicants for employment.
In some states, "any other protected status" would cover gender identity. Per our response to question 14, our Employee Relations area will be reviewing this situation with interested employees.
3. Company C

Our Equal Opportunity Statement does include the general statement: "In respecting and valuing the diversity among our employees and all those with whom we do business, managers are expected to ensure a work environment free from all forms of discrimination and harassment."  This treating all with respect as valuable employees includes transgender.
4. Company D

"Gender identity, characteristics, or expression"
5. Company E

No explicit policy that identifies "Gender identity or expressoin" as an EO category.  My assumption, to be confirmed, is that Company E utilizes existing policies for sex discrimination.
2. If there is no formal EO policy, is there any written or unwritten policy about transgender employees?
1. Company A

N/A because we do have an EEO statement.
2. Company B

We have a worldwide diversity policy that states: To be the best financial services company in the world, we are an inclusive, global and diverse organization that respects individual differences. We will lead and succeed by challenging and enabling our employees to achieve their maximum potential in a culture that is flexible, open, honest, learning and fair.
3. Company C

There is an unwritten practice that we will treat these employees with respect and as valuable employees of Company C
4. Company D

We treat all employees with respect.  We value "A workplace that is open and diverse."
5. Company E
• I do not know of any unwritten policies, except that my managers have said that is doesn?t matter as long as I am a good worker and jet my job finished in a timely manner.
• I do not know of a written policy regarding

Equal Opportunity,  Discrimination or sexual harassment vis-a-vis transgender persons.  Company E has specific policies which specifically cover race, color, religious belief, sex, age, national origin, citizenship
status, marital status, sexual orientation, veterans of the Viet Nam era,
handicap.  These policies emanate from a stated philosophy:
-- "We value our employees"
-- We seek to "attract, develop and retain qualified employees and assist them in realizing their full potential."
-- "Company E is committed to a positive.. program offering equal employment opportunity to all."
-- "Sexual harassment of any kind will not be tolerated by Company E."  Sexual harassment refers to behavior that is unwelcome and offensive, as  determined by the employee.
3. If a transsexual comes to HR and/or management and discloses a need to transition to the opposite gender, how will it be handled?
1. Will the company support and/or permit the employee in the transition?
1. Company A

Yes.
2. Company B

Yes.
3. Company C

Yes.
4. Company D

Yes,
5. Company E

I do not know how the HR would handle it, I did not transitions at Company E. The last job I had I asked to transition, but was refused, their reply was "that the transition would be too disruptive to the business  nvironment." It  became a hostile work environment and I was forced to quit.
I believe it would be handled with great care and with respect to the employee, with education and HR support to the personnel in the area, with the objective of enabling a smooth transition for all parties.
2. What process(es) will be used?
1. Company A
1. The company will be supportive of the employee and of the transition.
2. Management and HR will learn about the issues and how to proceed.
3. A plan will be created for an announcement and a date for the transition.
4. The announcement is made in person by management to the employee's work group.  It will be made clear that the transsexual employee has the full support of management and that company policy is to treat the employee just like anybody else.
5. On the day of transition, the employee reports to work in the new gender role.  A new badge with new photo and new name is issued on the first day.  The employee uses the restroom appropriate to her or his new gender; however, the employee may be restricted by HR to use certain designated restrooms during a transition period that historically has lasted from 1-3 months.
2. Company B

In general, the employee could obtain assistance from a number of sources. Within Human Resources, the staff member's HR generalist and their Employee Relations manager would provide assistance in working both with the employee and his or her department. In addition, Our Employee Assistance Program could provide individual or family counselling if the employee so desires.
3. Company C

A local HR staff member will work closely with the employee and the employee's manager to develop a mutually agreeable transition plan.
4. Company D
1. The company will be supportive of the employee and of the transition
2. Management and HR will learn about the issues and how to proceed.
3. A plan will be created for an announcement and a date for the transition.
4. The announcement is made in person by management to the mployee's work group.  It will be made clear that the transsexual employee has the full support of management and that company policy is to treat the employee just like anybody else.
5. On the day of transition, the employee reports to work in the new gender role.  A new badge with new photo and new name is  issued on the first day.  The employee uses the restroom appropriate to her or his new gender.
5. Company E

Unknown
4. Does the policy extend to other gender variant employees, such as feminine men, masculine women, or crossdressers?
1. Company A

Yes.  This is covered by the "gender expression" language.
2. Company B

Our Employee Relations area will work with a colleague on any employment issue.
3. Company C

Company C does not have "transgender" or "gender expression" in our official non-disrimination policy. However, Our Equal Opportunity Statement does include the general statement "In respecting and valuing the diversity among our employees and all those with whom we do business, managers are expected to ensure a work enviornment free from all forms of discrimination and harassment."
4. Company D

Yes.  This is covered by the "gender expression" language.
5. Company E

Unknown, except to say that I know of an employee in the manufacturing environment who is a masculine woman.  She has not received, to my knowledge, any harassment or discrimination.  For someone in transition (gender identity or expression differs from gender characteristics and/or assignment), the policies are unknown.
5. Any lessons learned (i.e., what might they have done differently, if anything, if they had it to do over again.)
1. Company A

Three influencing factors are how the individual's work group respond, the tone of any other recent transitions within the company, and any perceived precedents set outside of the company of which those involved may be aware.
2. Company B

It's important that everyone involved in the transition -- Human Resources, Employee Relations, the employee, his or her manager -- work together as a team to support the employee through any issues and to ensure a successful transition. This could involve assigning a mentor from HR or ER of the same gender to talk through any concerns.
3. Company C

Important to remain flexible and form a partnership between HR, the employee and the manager
4. Company D

It turns out it's not a big deal.  After a few hours, the novelty wears off and people go about their jobs.
5. Company E

None.
6. Is there  medical coverage for the special needs of a transsexual:
1. Sex change surgery procedures
1. Company A

no, specifically excluded.
2. Company B

Employees have a choice of medical programs, depending both on which state they live in and with regards to their specific needs.
Sex change surgery is not (covered.)
3. Company C

With some medical plans yes, with some medical plans no, depending upon the health plan benefit chosen by the employee.
4. Company D

yes, but documention is in progress.
5. Company E

No
2. Hormones
1. Company A

yes, covered under the drug plan
2. Company B

Hormones are covered under our drug plan.
3. Company C

With some medical plans yes, with some medical plans no, depending upon the health plan benefit chosen by the employee.
4. Company D

yes, covered under the drug plan
5. Company E

Female hormones only for female patients
3. Doctor visits for lab work in support of hormones
1. Company A

 yes, but
documentation is in progress.
2. Company B

In general, medical tests/treatment are covered.
3. Company C

With some medical plans yes, with some medical plans no, depending upon the health plan benefit chosen by the employee.
4. Company D

yes, but documentation is in progress.
5. Company E

Yes, I guess regular blood work
4. Mental health coverage for Gender Identity Disorder diagnosis
1. Company A

yes, covered under the mental health plan
2. Company B

In general, early counseling (is) covered.
3. Company C

yes, under Company C's mental health benefit plan
4. Company D

yes, covered under the mental health plan
5. Company E

Don't know.
5. Electrolysis
1. Company A

No
2. Company B

(Presumably not.)
3. Company C

Probably not, but may be covered depending upon the health plan benefit chosen by the employee.
4. Company D

no.
5. Company E

No
7. If these medical needs are not covered for transsexuals, are the same procedures/drugs/benefits provided to other employees with different diagnoses? (For example, hysterectomy and mastectomy for cancer, Hormone Replacement Therapy and lab work for menopause, counselling for depression.)
1. Company A

Yes.
2. Company B

In general, it depends upon the specific medical condition and the coverage that the employee has chosen for his or her family.
3. Company C

Normally, these drugs would be covered.
4. Company D

n/a
5. Company E
As far as I know they are covered for the correct gender.
8. Is there a formal or informal policy for TG employee access to restrooms?  What is it, or how was it handled previously?
1. Company A

Employees should use the restroom appropriate to their current gender presentation.
2. Company B

Our Employee Relations and Human Resources staff will work with the individual employee and the department involved to work out a mutually comfortable situation. In most cases, the bathroom of the gender being transitioned to will be used.
3. Company C

Informal ... access to private bathroom if available ... starting to now permit useage of "target gender" bathroom once employee begins full time living in target gender.
4. Company D

Employees should use the restroom appropriate to their current gender  presentation, unless specified otherwise by local law.
5. Company E

Not an issue for me I started work after transition and Company E did not know of my pre op status at that time. After I came out even as a pre op it was not an issue.
No knowledge of any previous situations.  Once transitioned, there was one situation which the company HR got involved to do local sensitivity training which provided support structures for the TG employee.
9. How many transsexuals are known to have transitioned on the job in this company?
1. Company A

three to five
2. Company B

We have not formally tracked this.
3. Company C

Various people across HR know of at least 6 people who have completed transition, and 4 currently in the process.
4. Company D

Six or more.
5. Company E

One, to my knowledge.  Although, I do not know the oral history
10. The transitioning transsexuals have been
1. Company A

male to female
2. Company B

We have not formally tracked this. Our best guess is both directions.
3. Company C

1 is female to male, the rest male to female
4. Company D

All male to female
5. Company E.

Male to Female
11. When a transsexual transitions, is the transition usually on the same job, or is a job change to a new location the norm?
1. Company A

On the job.
2. Company B

On the same job.
3. Company C

Sometimes yes, sometime no... depends more on what the employee wants to do.
4. Company D

On the job.
5. Company E

Unknown
12. Have there been any objections to a transition from co-workers?  If so, what were the objections, and how were they handled?
1. Company A

Occasionally someone objects to the use of the women's restroom.  Local accommodations have been made. This is the purpose of the "transition" period.
2. Company B

We've not formally tracked this. Objections tend to be around use of restrooms. Human Resources and Employee Relations work with teams on an as-needed basis. In general, an employee voicing an objection would be reminded of our diversity policies.
3. Company C

None that I am aware of.
4. Company D

Occasionally someone objects to the use of the women's restroom.  Local accomodations have been made, but in general the objecting employee is told they will have to deal with it.
5. Company E

In my case there have been no problems that I know of.
No objections, just lack of knowledge.
13. How many known non-transsexual gender-variant employees have directly benefitted from your policy?
1. Company A

None.
2. Company B

We haven't formally tracked this.
3. Company C

Don't really understand this question
4. Company D

Three
5. Company E

Unknown
14. If not already covered, what, if any, are the obstacles to adding similar language to the EO policy?
1. Company A

n/a
2. Company B

Employee Relations will be discussing this issue.
3. Company C

Education of senior mgt.
4. Company D

n/a
5. Company E

Lack of working knowledge regarding appropriate policy language, not only for EO, but all employee-related policies.  Along with data regarding implementation experiences of multinational companies.
15. If not already covered, what, if any, are the obstacles impeding coverage of TS medical needs on the employer-designed health plan?
1. Company A

We need a new champion in upper management. Part of the problem is the
length of time it takes to develop a trans-positive relationship with executive staff coupled with executive turnover.
2. Company B

The scores of medical plans our employees across the US can choose from.
3. Company C

n/a
4. Company D

n/a
5. Company E

Definition of the unique medical needs, history of utilization in companies who have implemented policies to date, with participation rates and costs.