Gender Identity Issues

GENDER  IDENTITY ISSUES:  This paper is an analysis of contemporary issues associated with gender  and power in this world which will specifically include a discussion of  gender relations! stereotyping! women"s identity! the structuring of formal and informal power! sources of ine#uality! and se$ual harassment%The concept of gender in relation to the di&ision of la'or in the wor(place! and in relation to issues of power and control is an unfortunate! groundless ster st ereo eoty type pe%% Su Su)a )ann nnee Tall llic iche hett no note tess th that at th thee ge gend ndere ered d di di&i &isi sion on of  wor(place la'or is rooted in erroneous ideology of innate se$ differences in traits and a'ilities! and operates through &arious control mechanisms% These control mechanisms are primarily e$ercised 'y men o&er women and an d se ser& r&ee to e$ e$ag agge gerat ratee di diff ffer eren ence cess 'e 'etw twee een n th thee se se$e $es! s! es espe peci cial ally ly surrounding surrou nding women"s presum presumed ed incap incapa'ili a'ility ty for doin doing g male iden identifie tified d wor(% In all aspects of e&ery society! society! gender identity identity must 'e esta'lished% esta'lished% It is at 'irth when an infant *person+ is gi&en either a male or female identity% ,nce the parents ha&e 'een told! it is then that society will set the e$ample and attitudes for that gi&en gender% -Gender includes a 'road spectrum spectr um of attit attitudes! udes! 'eha&iors! 'eha&iors! and social e$pec e$pectatio tations ns that we ac#u ac#uire ire duri du ring ng ou ourr li life feti tim mes es!! th thro roug ugh h in inte tera ract ctio ions ns wi with th on onee an anot othe herr an and d e$periences in &arious en&ironments%- .e will ultimately find that this statement is true to its saying%

 INTRODUCTION

Gender Identity as a Spectrum Gender identity issues arise more and more fre#uently today on campuses in 'oth the student and employment arenas% In the employment conte$t! gender  identity generally first comes into play as institutions determine whether discrimination policy e$pansion is warranted! necessary! or perhaps e&en mandated 'y state or local laws% .hat is generally less understood! e&en 'y those who ha&e decided upon or ha&e gi&en/ ad&ice a'out such policy e$pansions! for e$ample! is the &ery nature of gender identity! and what is encompassed in that term% .hat is often &iewed as a narrow category 0 1ust one possi'le  protected 'asis among a host of others 0 is really a 'road spectrum% 2onsider the following possi'ilities across that gen der3identity spectrum: ,n one end of the spectrum! there are career choices that counter stereotypical gender  assumptions! such as males in clerical or care3gi&ing 1o's or females in roadway construction or  hea&y machine operator positions% Ne$t! consider manners of e$pression that contrast with traditional notions of masculinity and femininity! such as women with deep &oices and a'rupt or  a'rasi&e communication styles! or men with high3pitched &oices or delicate hand gestures% Those manners of e$pression also include how we wal(! how we sit! and e&en where we cross our legs% 4o&ing further along that spectrum! physical appearance and grooming can again challenge those same traditional notions! such as males with long hair or females with cropped haircuts! or men with wa$ed eye'rows and polished nails or women with 'ushy eye'rows and unsha&ed underarms% Then! consider women fully tattooed or men wearing ma(eup or false eyelashes% 5nd ne$t! gi&e some thought to apparel choices that also counter the cultural stereotypes! such as women 'inding their 'reasts or wearing 1ac(ets with ties! or men wearing earrings and nec(laces! carrying purses! or cross3dressing in female clothing% 6ast the career! apparel! and grooming choices! considers name changes! as well as li&ing in one gender part of the time and another gender for the remainder% Ne$t consider li&ing a life fully in the gender opposite from 'irth se$! or choosing to ma(e physical 'ody alterations! from 7 hormone treatment to outright surgical changes% 5ll of these e$amples 0 from the su'tleties in indi&idual e$pression noted a'o&e to the comple$ities in&ol&ed in transse$uals 0 ha&e a place on the gender identity spectrum% 5nd  'ecause the wor(place will encompass far more than the traditional notions of gender! far more distinctions than simply male or female! the challenge in the employment law conte$t is  predicting precisely what on that spectrum may find protection in the law% That said! grasping the difference 'etween 'iological se$! gender identity! gender e$pression! and se$ual orientation will! at the &ery least! 'etter inform our campus d ecision3ma(ing and institutional ad&ising% Gender Identity Is Not Sexual Orientation

There e$ists a great deal of confusion a'out the difference 'etween se$ual orientation and gender  identity% Se$ual orientation! as defined 'elow in Section II *5+! refers to an indi&idual8s physical and emotional attraction to the same and9or opposite gender! such as 'ise$ual! homose$ual! or  heterose$ual% Unli(e se$ual orientation! which refers to who we lo&e *or are attracted to+! gender 

identity refers to who we are% ,ne reason that confusion ;'etween se$ual orientation and gender identity< persists is that most education a'out se$uality and identity issues has 'een done around se$ual ,rientation%=>  5 common misperception is that transgendered indi&iduals are gay or les'ian  'ecause of how they loo( *often li(e a feminine male or a masculine female+! which are clear  gender stereotypes of gay men and les'ians%7  This confusion is li(ely to 'ecome less of a  pro'lem as more transgender indi&iduals are willing to openly discuss their gender identities% Gender Identity Issues To Be Addressed

This paper e$plores the gender identity spectrum! ta(es a loo( at the legal landscape of   protection for transgender employees! and addresses some of the practical implications in&ol&ed with transgender employees wor(ing in the field of higher education%

WHAT DOES “TRANSGENDER” MEAN?

Transgender *or trans! as some prefer to say+ is an um'rella term that is used to descri'e a 'road range of indi&iduals who e$perience and who may e$press their gender differently from what most people would e$pect% It includes those who may e$press a gender that is different from what is listed on their 'irth certificates and those who physically change their 'iological ?uman Rights 2ampaign! 2oming ,ut! .hat Does @Transgender8 4ean/ A. The Gender Identity Spectrum

>% Aoca'ulary The gender identity spectrum is! 'y its &ery nature! not easy to define in 'lac( and white terms% Its &oca'ulary is not standardi)ed! and there may 'e numerous interpretations of any gi&en term% The transgender &oca'ulary is! howe&er! useful to fully understand the magnitude of the spectrum% Below is a selection of some of the more fre#uently used terms:C Gender Identity is our innate and deeply felt psychological identification of 'eing a man • or a woman% It8s our sense of our own gender% This may or may not correspond to our   'odies or the se$ assigned to us at 'irth * e%g% ! what8s listed on our 'irth certificates+% Gender E$pression refers to all our e$ternal characteristics and 'eha&iors that are • socially defined as either masculine or feminine% It includes our appearance and how we  present oursel&es! such as how we dress! our mannerisms! our speech patterns! our  hairstyles! and our social interactions% Transgender*ed+ as an um'rella term! is a term preferred 'y some in the community% • It refers to the entire community of those of us who ha&e gender identities! gender  >http:99www%hrc%org9Template%cfm/ Section2oming,utasTransgenderFTemplate92ontent4anagement92ontentDisplay%cfmF 2ontentID7>H 7 http:99gender%org9resources9dge9gea7J%pdf 

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e$pressions! or gender 'eha&iors that fall outside of society8s stereotypical gender norms% This includes the entire range of indi&iduals who transcend the con&entional definitions of man= and woman%= Kre#uently! transgender is mista(enly understood to mean transse$ual% Terminology that falls under transgender includes cross3dresser! transitioning! and transse$ual% 2ross3dresser refers to those of us who dress in clothing traditionally associated with mem'ers of the other se$% 4ost cross3dressers conduct their cross3dressing on a part3time  'asis% Unli(e transse$uals! most cross3dressers typically do not wish to change their   physical characteristics or gender e$pression permanently% Transitioning is the process through which an indi&idual modifies his or her manner of  e$pression and possi'ly his or her physical characteristics! in accordance with internal gender identity! to satisfy standards for mem'ership in a gender other than the one assigned at 'irth% Some of us transition 'y li&ing in role= as a mem'er of the opposite gender and some of us continue the transition 'y undergoing medical treatment to physically alter our 'odies% Transse$ual refers to those of us who desire to li&e as the opposite se$ from our 'irth se$  permanently% Transse$ual indi&iduals strongly dis3identify with their 'irth se$ and often see( to change their physical characteristics and manner of e$pression to satisfy the standards for mem'ership in another gender% This may or may not include hormone therapy and e&entual se$ reassignment surgery *sometimes called gender  confirmation surgery+% Interse$ed refers to those of us who are 'orn with anatomy or physiology that differs from our cultural ideals of what is male and what is female! or that is not considered standard for either a male or a female% This term is preferred to the outmoded term! hermaphrodite% Bi3gender refers to those of us who feel that we ha&e 'oth a male and a female side to our   personalities% Bi3gendered indi&iduals often spend significant time in each role! with separate names! social circles! and gender identities% Gender3'ender refers to those of us who present elements of 'oth masculinity and femininity in appearance without trying to pass as the opposite se$% Gender Identity Disorder9Gender Dysphoria are terms for a psychological diagnosis recogni)ed 'y the 5merican 6sychiatric 5ssociation! of se&ere distress and discomfort caused 'y the conflict 'etween one8s gender identity and one8s se$ at 'irth% *Not all transse$ual people e$perience gender dysphoria or get diagnosed with gender  identity disorder%+ Se$ual ,rientation! which is not the same as our gender identity! refers to our physical and our emotional attraction to the same and9or the opposite gender% E$amples include homose$ual! 'ise$ual! heterose$ual! and ase$ual% Transgender is not seen as a se$ual orientation% *.hile gender identity is who you are! se$ual orientation is who you lo&e or are attracted to%+ Ben1amin Scale is the scale pu'lished 'y Dr% ?arry Ben1amin in >LHH that categori)ed those with gender identity issues into se&eral types% The scale measures how transgendered an indi&idual is from  *low+ to H *high+%

B. The Transitioning Process

>% Generally 5s mentioned earlier! transitioning is the process of modifying manner of e$pression and e&en perhaps physical characteristics in accordance with internal gender identity% It is the time  period as well as the process% Se$ual reassignment surgery or hormone therapy are not re#uired! though many undergoing transition do choose those options% Generally! the transitioning process includes standards of care in&ol&ing the following se&en steps: Initial psychological testing • ,ngoing psychiatric monitoring and counseling to assess e$tent of condition • ?ealth e&aluation for hormone therapy • 5dministration of hormones that are commonly attri'uted to indi&idual8s new gender • 2ontinued monitoring to assess reaction to physical changes • Trial li&ing period of at least one year to assess comfort le&el in new gender and • If transitioning indi&idual so decides! continued administration of hormone therapy and •  possi'le surgical reconstruction% 7%In the .or(place In the wor(place! most transse$uals will approach management a'out their transition during their trial li&ing period in their reassigned gender! a time period referred to as the real life e$perience% Employers! at this point! may 'e presented with a transse$ual transition letter from the employee% ,nce this step has occurred! transitioning is far more li(ely to 'e successful! for   'oth the employer and the employee! if the employee can maintain a sta'le income and position during the transition and if he or she has a supporti&e and understanding wor( en&ironment%  Not surprisingly! numerous issues may arise at wor( for employees who transition% Some are #uite o'&ious% .hich 'athroom should the emplo yee use/ .hat pronouns should 'e used/ Krom personnel record changes to 'athroom access to dress codes to co3wor(er and super&isor  understanding to 'enefits! the issues may 'e &iewed more as pro'lems than need 'e% Kor many employers! this is simply 'ecause they ha&e yet to encounter this type of situation% By de&eloping wor(place strategies! employers can assist 0 rather than impede 0 the process%

TRANSGENDER ISSUES IN THE HIGHER EDUCATION WORKPLACE – WHAT PRACTICAL CONSIDERATIONS SHOULD EMPLOYERS KEEP IN MIND?

De&eloping and adopting policies! procedures! or protocols *or adapting those already in place+ to consistently represent the institutional position on transgender matters will 'etter delineate! for   'oth management and employees! the practical side of the e#uation% .hat follows 'elow are some of those practical considerations that may pro&e useful in the continuing dialogue of  transgender issues% A. Developing and Implementing a ritten Transition Process or Protocol

Guidelines that set out the institutional process for transitioning employees are e$tremely helpful and! at a minimum! should identify who is responsi'le if issues arise in this conte$t% Transgender Issues in the .or(place: 5 Tool for 4anagersCH recommends that! in addition! transition process guidelines should satisfy the following elements: Identify the primary point of contact in the institution who is responsi'le for  • helping the transitioning employee manage the wor(place transition Set out the general schedule for implementing transition3related wor(place • changes! such as administrati&e record changes! name changes! etc% State what the transitioning employee can e$pect from his or her super&isors and • other mem'ers of management State management8s e$pectations of staff! of the transitioning employee! and any • employee resource groups! if applica'le! in fac ilitating successful transitions and Be fle$i'le enough to tailor to the needs of indi&idual transitioning employees! •  'ut specific enough to gi&e the necessary framewor( to managers and super&isors to eliminate confusion% 5dditionally! institutions may want to consider de&eloping guidelines that also ser&e to pro&ide some measure of accounta'ility! list conse#uences for noncompliance! and re#uire a follow3up component to ensure that transitions proceed smoothly% B. Adding Gender Identity and Gender !xpression to Policies Prohi"iting

Discrimination *If Not 5lready 6resent+% The trend at colleges and uni&ersities is to add  protections for gender identity and gender e$pression to institutional policies prohi'iting discrimination% Such decisions ought to 'e dependent upon or influenced 'y such factors as state or local law or the institution8s political climate% It is interesting to note a minor point of  semantics here! when e$amining how that additional protection is pro&ided% Some institutions  protect each as a separate category 0 gender identity and gender e$pression 0 while some define gender identity to include gender e$pression% There are also those institutions that ha&e discrimination protection 'ased on se$ual orientation! and they use se$ual orientation as the 'road term to encompass gender identity or  gender e$pression% In other words! gender identity discrimination is protected under the se$ual orientation um'rella% Defining gender identity or e$pression under se$ual orientation can 'e

&iewed 'y some in the transgender community as either >+ an indication of the institution8s misunderstanding of the difference 'etween se$ual orientation and gender identity or 7+ as an indication of the institution8s desire to either limit the protection afforded to its transgender  employees in 1urisdictions where se$ual orientation is not protected! or to e$pand that protection to its transgender employees in 1urisdictions where se$ual orientation is otherwise protected 'y law% The following practical considerations may 'e useful primarily for institutions see(ing to e$pand *or ha&ing 1ust e$panded+ their policy co&erage to include gender identity and gender  e$pression: Do not o&erloo( adding gender identity and gender e$pression to any separate •  policies that may already 'e in place prohi'iting harassment and retaliation% Determine whether the institution should add two additional categories of •  protection 0 identity and e$pression 0 or if it will define e$pression under identity% If considering defining gender identity and e$pression under the um'rella of the • se$ual orientation term! understand the difference and any possi'le conse#uences that such a decision may ha&e% 5s always! wor( in con1unction with necessary sta(eholders as generally re#uired •  'y the institution8s procedures for policy additions% 2onsider accompanying the policy e$pansion with a presidential statement! • directi&e! or announcement% 5dditionally! consider whether issuing a press release to ma(e the announcement would 'e 'eneficial! especially in light of the institution8s di&ersity initiati&es% 2onsider partnership with other trans groups on campus! e& en if not specifically • employment3related! in disseminating news of a policy change% Ensure that the institutional we' presence contains the latest policy updates% • Ensure that all other uni&ersity pronouncements! declarations! pu'lications! and • e&en EE, notations and taglines are updated institution3wide *electronically and hard copy+ to include the policy change% 5dditionally! do not o&erloo( non3 employment related materials! such as course catalogues! student hand'oo(s! and e&en admission applications% Determine whether local ordinances and state law address these issues and! if so! • how such authority would impact the institution8s practices or policies in this regard%

#. Protecting #on$identiality in the or% Setting

Though many indi&iduals who identify as transgender or are transitioning are willing to spea(  openly a'out their situations! institutions are well3ad&ised to treat the transgender status of e&ery employee as a confidential! pri&ate matter% 6ersonal and intimate details of an indi&idual8s gender  status do not need to 'e disclosed% Toward this end! institutions should consider: 5ppropriately training ?uman Resources staff to maintain this confidentiality% • 5ppropriately training super&isors and others in management in each case of a • transitioning employee a'out this confidentiality protection! and reminding them that it is up to each employee to decide what to disclose and to whom%

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.hether a policy statement or a protocol on this confidentiality pro&ision is needed%

D. Providing and !nsuring Necessary Training and !ducation

Training and education are critical components of all successful wor(places% 5dding gender identity and transgender training into the employment3related educational program ought to 'e a consideration for higher education institutions% The following points are useful reminders if gender identity and gender e$pression are added to an institution8s protected 'ases: Ensure that the topic of gender identity and gender e$pression discrimination is also • included as a component of the institution8s offered trainings and wor(shops% 4a(e sure that e$isting anti3harassment and non3retaliation training includes gender identity and e$pression! e%g% ! add specific scenarios or case e$amples to interacti&e training sessions% Include gender identity and gender e$pression in any online training the institution offers • or pro&ides on the topic of discrimination% 2onsider whether updating orientation materials or &ideos would also 'e necessary% If the institution contracts with any outside &endors to pro&ide online or other harassment or discrimination training! ensure that those programs are modified to include gender identity and e$pression as well% 6ro&ide gender identity and gender e$pression training and transitioning sensiti&ity • training to specific wor( settings with a transitioning employee% 2onsider pro&iding such training to other areas on campus as! for e$ample! part of an awareness campaign!  perhaps in con1unction with ally groups or campus di&ersity initiati&es% Ensure that campus E#ual ,pportunity and9or E#uity ,ffices recei&e the necessary • sensiti&ity training and understand the full scope of trans3related issues% Ensure that campus ?uman Resources personnel recei&e the necessary sensiti&ity • training and understand the full scope of trans3related issues% Ensure that campus E#ual ,pportunity and9or E#uity ,ffices ha&e the appropriate • mechanisms in place to fully in&estigate cases of discrimination! harassment! and retaliation on the 'asis of gender identity or e$pression! i%e% ! updating inta(e forms and • securing sufficient training for in&estigators% 2onsider designating an institutional office *or indi&idual person or title+ to handle and manage concerns affecting transgender  employees that may not rise to the le&el of discrimination% 5s an e$ample! a simple matter of pronoun usage may need to 'e addressed% Since transitioning employees should  'e referred to with the pronouns they prefer! a sensiti&ity training session may 'e in order! and this designated office or indi&idual could arrange for such a session to ta(e place% !. &estroom Access

,ften the first practical issue to 'e raised in the conte$t of an employee going through transition is the restroom issue% .hich 'athroom will she use now/= is a fre#uent #uestion! one posed 'y management or co3wor(ers% Being a'le to use the 'athroom that matches your own gender  identity is &ital% Institutions that ensure that transitioning employees ha&e access to the restroom

that matches the gender the employee is currently presenting! are sometimes referred to as following the principle of least astonishment%= Some practical institutional considerations are as follows: Ensure that a transitioning employee has access to that restroom matching his or her new • gender effecti&e on the day of the wor(place transition! the day that the employee first  'egins presenting in his or her new gender role% This is regardless of what stage the employee is in with respect to his or her personal transition process% 5s part of the written guidelines for transitioning employees! include language such as: • Transitioning employees are to use *or indi&iduals if the guidelines are 'road enough to encompass students or guests+ the restroom facilities that correspond to the gender in which they are presenting%= If any co3wor(ers o'1ect to the transitioning employee8s use of the new restroom! an • appropriate accommodation for that o'1ecting co3wor(er would 'e to designate a different restroom for him or her% The general consensus is that it would not 'e appropriate to isolate *and #uite possi'ly ostraci)e+ the transitioning employee 'y re#uiring him or her to use a separate restroom% Do not re#uire a transitioning employee to pro&e his or her gender! i%e% ! with an ID • containing a gender mar(er of the desired 'athroom% 2onsider designations of single3stall or gender3neutral restrooms! which re#uire a • mere change of the sign on the door and which all employees! regardless of gender! may utili)e% If done! do not re#uire transitioning employees to use only the gend er% 2onsider creating or designating multi3stall gender3neutral restrooms! especially in new • construction% Though not typical in our 5merican culture! its implementation would 'e  progressi&e and is argued 'y some to 'enefit all indi&iduals! not 1ust transgendered indi&iduals! and could pro&ide su'stantial cost sa&ings% Remind transitioning employees that they ha&e the full support of ?uman Resources • and the particular department8s management! and ad&ise transitioning employees of whom to contact should restroom issues arise% Mist gender3neutral restrooms on we'sites and on campus maps% • Determine whether local ordinances and state law address these issues and! if so! how • such authority would impact the institution8s practices or policies% '. Providing Bene$its

Institutional 'enefits pro&ided to employees may ta(e on a new dimension with transgender employees% ?ealth insurance! lea&e and fle$i'le schedules! and spousal 'enefits are all items that may raise practical issues in the transgender conte$t% Kor e$ample: 2onsider health insurance% 4any plans ha&e a transgender e$clusion= that • dis#ualifies 'oth treatment and surgery% Institutions may wish to consider whether there are any possi'ilities a&aila'le to modify that co&erage% 2onsider spousal 'enefits! such as health insurance or reduce d tuition% Since • transgender employees may 'e married 'efore transition! the issue arises of whether to co&er or e$tend 'enefits to the employee8s spouse once the employee transitions% Transition or e&en surgery does not necessarily legally terminate a lawful marriage% Institutions should chec( the laws in their 1urisdictions% It may 'e that the employee will

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now ha&e a legal spouse of the same gender and! thus! e$tending 'enefits may 'e appropriate% Institutions should not assume that spousal 'enefits co&erage automatically terminates upon se$ reassignment surgery% In institutions where  'enefits are pro&ided to domestic partners! a transgender employee who now finds him3 or herself in a same3se$ marriage may choose to ta(e steps to pro&ide proof of domestic partner registration in an effort to maintain spousal 'enefits% 2onsider lea&e time and fle$i'le schedules% Kor many transse$ual employees! additional lea&e time may 'e necessary to accommodate &aried appointments such as for therapy! hair remo&al! laser treatments! doctor &isits! surgery! and other treatments% 5s mentioned a'o&e in Section III! the 5D5 has e$empted transse$ualism and other gender identity conditions therefore reasona'le accommodation in the 5D5 conte$t will generally not 'e re#uired unless state law  pro&ides otherwise% Institutions may wish to adopt practices that allow greater fle$i'ility in this regard%

CONCLUSION

5s institutions stri&e to create and maintain an atmosphere of support and acceptance for all employees! understanding the interplay 'etween the gender identity spectrum and the legal  protections that may or may not 'e afforded will 'e of growing importance% Mi(ewise! that increased understanding will lead to more informed decision3ma(ing on such institutional matters as policy e$pansions! administrati&e procedures! and other practical considerations affecting transgender communities%