Commentary: What About Roberta?
by Warren Buliox
Job Cites
December 18, 2009
http://www.wislawjournal.com/article.cfm/2009/12/21/What-About-RobertaSo one of your long-term employees, Bob, comes into your office and tells you that he no longer identifies with the sex assigned to him at birth and that in two weeks he will begin the process of "transitioning" from male to female. He tells you that this process will include modifications to his physical appearance and behavior to conform with his new gender identity. He seeks your support in making his transition, as it may concern his employment, as smooth as possible. What, if anything, does the law require you to do? What will you tell your employees? What if Bob begins to experience harassment in the workplace? Which bathroom will Bob use?
Whether transgender employees are afforded protections under state and federal laws has not always been clear and, in many jurisdictions, is still not clear to this day. According to the National Center for Lesbian Rights, "transgender employees have historically faced nearly unchecked amounts of discrimination [and harassment] in the workplace."
