A little unsure how to take this, how would you ?

[leacobb]

Hello everyone, how are you all ?

Im a little confused how to take what is happening to me at the moment... I have for 9 years worked in a DIY store and throughout my time there i have earned the respect of everyone there, with the work i do. Which lead me to be promoted to warehouse co-ordernator. (management of the warehouse) which i do like doing because im away from customers and it is nice to have that responsibilitys.. Anyway i had my surgery 7 months ago now and i have been back at work 3 weeks and i have veen struggling doing the same as i did before lifting things 25kg products.. And im still trying to find my new rythem.. But over the last week managment called me into the office and said to me " ok you have been back 3 weeks now how are you finding it" i told them ok. Just taking it slow trying to find out what i can and cant do. Then they said " well if you cant do what you used to be able to do, quickly. Then we will have to put you onto the tills" i was so irritated by this because i feel that they are rushing me without any idea of what i am going through..

Anyway since i have been back i do feel that i struggle with certain things but i can do it, it will just take me longer. And i do believe that they have changed towards me..and with them putting me on the checkouts, it means a demotion and loss of money and loss of all the respect i have earned over the 9 years... All because i have had my surgery

I dont know if i have explained this very well but how would you take this because at the moment i feel like they are discriminating against me (because they are unsure where i fit into the company) but im not sure if im just over thinking things..

Any insight would be great and thank you for taking the time to help me

Lea xXx

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[audreelyn]

Hey Lea,

I think it would be a good idea to talk to them about how important your position in the company is to you, and hopefully with them as well. Letting them know that you have the determination to make it work may give them the extra patience to deal with having you back on board after several months. Obviously, you need to get back into the rhythm of things, and their work flow has changed since you've been gone.

Outside of that, perhaps since it is a physically demanding job, you might consider working out to rebuild that strength. Whatever plan of action you decide to take, it's a good idea to share that with your employer so that they understand that you're taking steps to improve your performance. Ultimately, you're several years of experience on the job, so I'm sure they of course would want to help you succeed.

Hope this helps, it'll work out girl!

Audree

[KarynMcD]

Are you in the US?
It's potentially illegal to demote you. It depends on circumstances.
You might want to talk to a lawyer.

[suzifrommd]

I would contact your local LGBT rights organization. Most places have them. You are being discriminated against. They will know what your options are.

[leacobb]

Thank you all for your responces. I am in the UK and i wasnt sure if i was or not. But now that i have got calcification that they are i will seek legal advice regarding it.. Like i said i do have tendences to over think things and i wasnt sure... Thank you again xx

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[Rina]

The EU introduced strong protection against discrimination based on (among other things) gender identity through a directive a few years ago, and the UK have probably ratified it. So most probably, what they're doing is illegal; the changes in what you can and can't do are a direct consequence of transition, and you're currently recovering from surgery (I think you could claim that until it's been a year, though I'll admit I'm not sure about the legalities around medical recovery). If they demote you, I think you'd have a strong case in court.

[FTMDiaries]

It's good that you're in the UK, because that means you're protected by the Equality Act 2010 which forbids discrimination on many grounds, including sex and gender reassignment. That having been said... this doesn't mean that your employer can't give you a different job if you're struggling to do your current one due to your sex, or due to gender reassignment. It just means that they can't treat you less favourably than any other staff member when doing so.

So... compare your case to a hypothetical colleague who suffered a shoulder injury and when they came back they were unable to lift heavy objects. Your employers could temporarily reassign (pun intended) them to a different job - such as working on the tills. That's not an unusual thing to happen at all: when a staff member is no longer physically fit to do a particular job they're reassigned somewhere else whilst they recover. Then you get moved back to your usual job as soon as you're physically fit enough to do it again. The key is that you don't get demoted; you just get temporarily reassigned whilst you recover. So if their standard procedure would be to do this to a colleague for non-trans reasons, they can do it to you too - and if you took them to a tribunal for it you're likely to lose because it wouldn't be discriminatory if they'd treat everyone the same way.

But there's another angle that I think I ought to bring up: the sort of treatment you're experiencing is something that women have experienced for centuries. Being presumed to be the weaker sex; being presumed to be more suited to nurturing or service-oriented jobs rather than manual labour; the 'girls' being put on the tills whilst the 'boys' work in the warehouse... that is classic, run-of-the-mill, common-or-garden sexism of the sort that women have been fighting against for decades. I daresay this sort of thing comes as a bit of a shock to some trans women who might not have been prepared for it during their upbringing, but as someone who was raised as a girl and who lived as a woman for more than 20 years I can tell you that this sort of thing is all too familiar; I experienced this sort of degrading nonsense the whole time I presented as female. So it's possible that this is just plain, old-fashioned sexism you're up against. You could always fight it on those grounds if you wish.

Essentially, this means: yay! they're treating you like a woman! and boo! they're treating you like a woman.

[OCAnne]

Hello, months after SRS I still find it extremely difficult to preform physical duties normally associated with my position.  In order to get me back to work I was assigned assistance for a time.  This applied to driving or lifting anything.  Took eight weeks to get back to something that resembled normal (appearance) work performance.  I now find myself more than ever shying away from anything that might mess-up nails or rough up my hands.  Plus everything feels so much heavier!

I somewhat changed employment position upward rather than taking a demotion, retiring or unemployment.

I currently work with another trans girl.  She stated being let go from her previous employer over being trans.  She now prefers administrative work over anything physical including retail.
Looking towards the future, a possible employer is willing to accommodate the new me.  Much more paper pushing expected in my future.
Perhaps for some transitioning career/job will have to be part of the 'complete transition' process. 

Thank you,
Anne

P.S.  I have been wondering if becoming a Uber Driver might work well for some trans. folk?

[KristinaM]

I could be wrong about this, but I believe here in the US that even if you're demoted, they can't cut your pay unless you agree to it.  I heard that long ago though, so I'm not sure how factual it is.  Maybe there's something similar in the UK?

And yeah, you should be given a grace period for recovery after major surgery like that.  They can't expect you to be 100% recovered out of the gate and that would also be illegal discrimination from a medical standpoint I would think.

[Qrachel]

Hi Lea:

Depending where you live (US assumed - it can also be state, county and city specific) you are potentially in a protected class.  I come from a long background of workforce related issues, concerns, opportunities, etc.  Here's a few things to think about, and don't assume the worst here - just give some thought to what's necessary to protect yourself.  You may choose to do nothing more than what you've done - it's all good; just take good care of yourself.

• Start writing everything down in a bound note book.
• If there were pre-op agreements/conversations with management/HR, be sure to note them and collect any relevant information that supports those agreements/conversations (even it's just time and place)
• If issues come come up be respectful and controlled at all times.
• Contact a labor lawyer, Lambda Legal, or other trans-friendly legal org.
• If there are 'formal' meetings/proceedings about your situation with management/HR/etc., ask to have a silent observer of your choice to be present.
• If there is a change in how the workforce responds to you, be sure to note that and the particulars in your notes.
• If there are clear work weight/lifting/activities/etc. in your job description, be sure there is clarity as to your specific situation (not suggesting you ask management/HR to create that clarity but knowledge is often power).
• Don't discuss this with anyone that you do not completely trust, especially at work.

You should also consider, regardless of how it might look, that 'they' are looking out for your well-being and reducing their workman's compensation risks.

And finally, this is certainly unsettling and unfortunate.  I have been down your path as a political appointee . . . I truly understand.  Throughout this matter as it plays out don't do anything to risk your well-being; it isn't worth it.  This may soon just go away and my thoughts above are surely provocative - that wasn't my intent but life isn't always fair and you can take steps to help yourself in the worse case scenario if necessary.

You got to where you are in the organization because you excelled at your job.  You can still do that, possibly with a little more time.  Nothing has changed your overall value to the organization or yourself; in fact, having a trans-manager is a pretty darned good sign of responsible community citizenship.

Please stay in touch - best to you and yours,

Rachel