Community Conversation > Legal Matters

Preferred name and pronouns at work.

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JessicaF84:

--- Quote from: tgchar21 on December 14, 2019, 08:57:26 am ---Regarding your name, 1) Have you legally changed your name or 2) Does the employer allow cis people to go by a name other than their legal one? If either of those is true, and gender identity is protected in that jurisdiction, then what they're doing is probably not allowed (even without trans protection if you have a court-ordered name change they'd be in violation of ignoring a court order).

If the employer requires everyone to go by their legal name (regardless of why they may prefer to use another name) it'd be a bit harder to challenge unless you live somewhere where preferred name rights for trans people are explicitly spelled out (this would be a "disparate impact" challenge).

--- End quote ---

I have not legally changed yet, in the process of getting that done. There are 2 cis people who go by their middle names and ar are always referred to by that name. I know it's difficult dealing with people and try to give the benefit of the doubt I just know some dont give a <poo> enough to bother and they have stated that to my face

AllieSF:
I agree with Kathy.  I would not do anything hard yet, like going to your supervisor until your name is legally changed.  Will that include gender change too?  At that time, I would go straight to the Station top person and have him officially announce that you have legally changed your name and that is the name that "everyone": shall use from that moment on.  Right now, I do not believe that you have much legal support.  After changing your name you will and you can and should ask your superiors to support that.  They legally have to do that.  Not doing that could get them in trouble for a Civil Rights/Discrimination problem.  There are a lot of attorneys that can take on a case like that.

The idea is to never get to the legal point of all of it, except for using the correct name and gender.  Good luck.

Allie

JessicaF84:

--- Quote from: AllieSF on December 14, 2019, 02:39:53 pm ---I agree with Kathy.  I would not do anything hard yet, like going to your supervisor until your name is legally changed.  Will that include gender change too?  At that time, I would go straight to the Station top person and have him officially announce that you have legally changed your name and that is the name that "everyone": shall use from that moment on.  Right now, I do not believe that you have much legal support.  After changing your name you will and you can and should ask your superiors to support that.  They legally have to do that.  Not doing that could get them in trouble for a Civil Rights/Discrimination problem.  There are a lot of attorneys that can take on a case like that.

The idea is to never get to the legal point of all of it, except for using the correct name and gender.  Good luck.

Allie

--- End quote ---

100% agree with you, the last thing I want to do is get someone in trouble, just looking for a little bit of respect and decency from them. I have changed my gender marker on my license, the name I am working on the funds for a lawyer. I understand you can do it yourself but it seems like a complicated process to me, especially the newspaper part. I do have a question concerning name change also. So my parents are wondering if they would have to revise all their wills and other documents when I change it or will the decree by the judge saying I went from x to y suffice?

AllieSF:
Jessica,

I would strongly recommend that when you legally change your name, a court order is required here in California for both name and gender, that you change it everywhere else that you can think of to avoid expensive legals issues later on, including their wills and other documents.  Legal issues can quickly turn into economic ones if someone decides to contest something, and a will or living trust is an easy target, especially when larger estates are involved.  The court order/decree probably works, but why make it more difficult in the future when everyone is in agreement now and just need to know what is necessary.  IOt is a quick fix by an attorney and should not be too expensive for them.

I know that in some States you can change a gender marker on certain documents with out a court order/decree stating that the person has legally changed their gender.  Some States like California require that a gender change needs to be done through the court system, since a Drivers Licence is the second most reliable ID that can be used for most moments when ID are required.  With the new Real ID designation on one's Drivers License that allows one to use that ID as an acceptable ID for domestic air travel, they will require all documents to be in the legal name.  I am not sure about gender, but I suspect that it also includes ones legal gender.  It is a little confusing but, to me at least, it is an understandable precaution to require that an important legal ID be backed up by legal documents where required.

I hope that helps.

Janes Groove:
I don't like the idea of forcing people to use the correct pronouns. It's basically telling people how and what to think, i.e. thought police.

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