In yesterday’s blog we talked about discrimination in the workplace, today we discuss disclosing gender identities.
The job applicant: A ‘transsexual’ person is not required to tell a prospective employer they have changed gender when they apply for a job, it should always be up to them to decide whether to disclose or talk about their gender identity – for fear being misunderstood and/or treated unfairly.
The employee: A person who is starting (or intending) to go through gender reassignment will in practice have no choice but to tell their employer. The employee will then agree with the employer what information can be shared with whom and when.
Other general rules: Employers and colleagues must not ‘out’ an employee or applicant as trans as they could breach laws. Also, apart from in certain circumstances, it is a criminal offence to reveal, without the person’s permission, that they hold a gender recognition certificate or have applied for one.
If an employee or applicant who is trans decides that some information can be shared, the employer should, without pressuring the employee, talk to them about:
- What they do and don’t want their colleagues to know
- Who will be told, who will do the telling, where, when and how, and
- Whether the employee will be there.
It is advisable that communication of any information to be shared is noted and recorded, and happens before the employee changes their appearance.
Employees disclosing their trans identity to a supportive employer can feel more comfortable at work, with a likely improvement in their morale and productivity, too.
Depending on the employee’s role, it may be beneficial to discuss and agree whether some limited information about their trans identity or gender reassignment should be communicated to clients and customers the employee regularly deals with.
These processes are always best supported by HR and it may be advisable to outsource your projects where possible. HR Revolution can carry out any project to ensure the process is performed unbiasedly.
Look out for Part 3 of the blog tomorrow.
If you need further information or guidance, give HR Revolution a call +44 203 538 5311 or email: firstname.lastname@example.org or visit www.hrrevolution.co.uk where our expert CIPD HR professionals are waiting to help you with any questions you may have.
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