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Dealing with Employment Discrimination

Started by KongBeta, December 31, 2015, 08:05:45 PM

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KongBeta

Hello Peoples,

So I'm right now in Uni and well what with deciding to do something about being trans I've had to consider how it'll affect employment and interview processes.

Mostly I've been wondering if disclosing my being transgender would hinder or help me. Obviously I shouldn't need to worry about it or even really disclose it at all.

Also could anyone lend their experiences with dealing with troublesome coworkers? I've had to deal with this with religion and whatnot so would this be similar or is it a different animal?

Hope you had a nice new year,
- Alexis
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Deborah

At work it's different if your company has HR protections.  If someone is abusing the rules you just report them and they get investigated and disciplined/maybe fired. 


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Love is not obedience, conformity, or submission. It is a counterfeit love that is contingent upon authority, punishment, or reward. True love is respect and admiration, compassion and kindness, freely given by a healthy, unafraid human being....  - Dan Barker

U.S. Army Retired
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whereto

i agree with Deborah. i really haven't encountered any myself. perhaps i jumped between jobs a lot until the last company that i was working for an open gay boss. he has his husband but our country didn't legalize gay marriage at all. though most of the company are openly gay people, so they are cool and it is a bliss to work with.
usually, i just keep it to myself in most places and ask them to call me by the name i go by, or nickname, and not calling pronouns. so it's pretty safe that way, nobody would mess up pronouns. but i really don't mind much because i haven't started HRT yet. if i do, i'd probably prefer the new pronoun.
i think a safe workplace should provide you a neutral ground and not stress you up much ^^ other than that, just like Deborah stated. if someone is against the rules, you can report them. they should receive a warning and such.
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FTMDiaries

I notice from some of your earlier posts that you're in the East Midlands, which means you're covered by the Equality Act 2010, which makes it unlawful to discriminate against you on several grounds including gender identity. Hurrah!  ;D

But wait...

The law may well make it unlawful to discriminate against you, but how do you prove that someone has done so?

Businesses can and do discriminate against applicants on any grounds. They might not want women applying; or people with foreign-sounding names; or people above a certain age. Of course, it's illegal to discriminate on any of those grounds, but it's almost impossible to prove that that is the reason why you were rejected. Most employers who discriminate in such a manner will simply ignore that applicant's CV (or reject them at the interview stage) and if they're challenged on it, they'll just say that the vacancy has already been filled, or a more experienced candidate got the job, or they hired someone whose personality was a better fit for the team.

If you state you're trans at the early stages of the recruitment process, many employers will simply chuck your CV straight into the bin because they 'don't want the hassle'. I guarantee it.

The smartest method I've come across is to not disclose your status during the application or interview process... but do disclose it (to HR, in confidence) after you've received a job offer in writing. That way, you can use all the protections the law provides. You can take time off work for medical appointments to do with your transition (and no, you don't have to make that time up) and if any colleagues make transphobic comments, you can complain and they will have to be disciplined. And best of all, if the company suddenly withdraws their offer of employment after your disclosure, you have the evidence you need to nail them for it.

The one exception to the rule? If an employer is specifically looking to increase it's trans workforce, or if they work in the LGBT/trans sector, then disclosing your status at the application stage could be a huge asset.

It is the employer's responsibility to ensure you have a safe working environment free from harassment and discrimination, so if anything happens you must take it up with Management. You don't necessarily need to disclose your status, although it can strengthen your case if you do so when you complain. If you're stealth and someone says something offensive your first port of call might be to take them to one side and tell them you found it offensive (you don't need to explain why) and ask them to not say anything like that at work again. In many cases, that does the trick. But if they argue against you, or refuse to co-operate, or if the abuse gets worse, you must take it to your line manager and/or HR and keep going up the chain of command until the problem is fixed. Remember: dealing with troublesome co-workers - including the one who used religious harassment against you - is your employer's responsibility, not yours.





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KongBeta

Thank you all for the info and opinion, this was just something thats been bugging me.

I definetely have some tactics in mind to reduce the whole hassle aspect but thank you whereto and deborah, small advices definitely add up! :)

And wholly moley thank you FTMDiaries for your in depth explanation.
A lot of what you said is what I already thought but hearing/reading it from someone else helps.

If anyones up for it could I ask who you disclose to once employed?
I've read some people say only HR manager or head but some say both HR and your immediate boss.

I noticed someone said only HR in confidence, I understand a lot of it depends on the company and the individuals. But is there a general rule of thumb?

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