Susan's Place Transgender Resources

So I haven't been able to change my legal name yet but I've been living under my new name and am due to start HRT in the near future, so I really don't want my birth name to be associated with me at work. I know they'll have to know it for the background check and legal paperwork, but what do I put on my resume? Can I put my chosen name on the top and leave it at that? Can I put my chosen name and list my legal name under it as such? Do I have to list my legal name first? Help!

okay, so I have had to deal with this myself. as much as I hate it, I put Thomas on my resume still, and put a preferred name under it(preferred meaning what I answer to) when I submit the resume, ive noticed that most companies actually don't take the resume and have me fill out their application now, and the application has a few locations to note things like proper name and pronouns(its dependent on the place of employment of course). but I have a place that has called me in and my dad got pissed when we got a letter from them(the company is legit, they just sent a letter for some reason, I did the interview and didn't get the job but its a start) that had my name and not Thomas....that was an interesting argument. but anyway, id say it depends on how accepting the company is.....and how you feel for it personally.

Love,
Lilly Garcia

Some states allow for common usage where you can use any name you want as long as it's not for fraudulent purposes. The hitch is when you take the job you will have to out yourself as your social security name and number need to match government records.

Quote from: Dena on July 12, 2018, 10:34:40 PM
Some states allow for common usage where you can use any name you want as long as it's not for fraudulent purposes. The hitch is when you take the job you will have to out yourself as your social security name and number need to match government records.

would you happen to Know if California would have a law allowing the common usage name to be what is used?

California is a common usage state. I lived there when I transitioned and it wasn't worth it going to the court to change my name if I couldn't change my gender at the same time. To change my gender, I needed to have surgery so I went over 2.5 years using Dena with my old name on my documentation.

I received my paycheck under Dena and as the bank was aware of what was going on, I had no difficulty depositing my paycheck (remember no ATM machines yet). I used a lot of cash but I paid my mailed bills and medical expenses with checks. Work only knew me as Dena but they weren't checking Social Security numbers like they do today.

It was kind of a pain maintaining two identities but it was doable and in person, I was always Dena.

You might want to start with this link. (http://www.courts.ca.gov/selfhelp-namechange.htm/1054.htm)

You shouldn't have a problem with having your preferred name on your résumé, but if your name hasn't been legally changed your employer WILL eventually have to know (unless they're illegally paying you "under the table" and not properly verifying your eligibility to work in the country).

Quote from: Dena on July 13, 2018, 02:34:25 AM
California is a common usage state. I lived there when I transitioned and it wasn't worth it going to the court to change my name if I couldn't change my gender at the same time. To change my gender, I needed to have surgery so I went over 2.5 years using Dena with my old name on my documentation.

I received my paycheck under Dena and as the bank was aware of what was going on, I had no difficulty depositing my paycheck (remember no ATM machines yet). I used a lot of cash but I paid my mailed bills and medical expenses with checks. Work only knew me as Dena but they weren't checking Social Security numbers like they do today.

It was kind of a pain maintaining two identities but it was doable and in person, I was always Dena.

You might want to start with this link. (http://www.courts.ca.gov/selfhelp-namechange.htm/1054.htm)

I'm guessing AZ isn't. 


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The "common law" principle does not obligate the government to issue you identification under your chosen name without appropriate name-change documentation. So while you may have a defense if your employer refuses to call you by your preferred name in situations where a legal name is not required, especially if they allow non-transgender people to do the same (in which case it would obviously be discrimination), for any communications like with the government, insurance, etc. they will need to use your legal name or there may be problems.

If an employer tries to claim that you technically "lied" to them when you first introduced yourself with your preferred name you'd have a solid defense if you did tell them your legal name by the point it was necessary* (especially in the case of transgender people), but if it caused material problems (e.g. background check didn't reveal relevant information* or there were communication/identification issues as I mentioned above) you'd likely lose. *The same principle would apply with background checks if they ask for former names - waiting to list such names until they're actually ready to run the check, communicating the sensitive names straight to the investigator, or an employer who holds it against a child or teen transitioner who left off their birth name when they would not do the same for a non-transgender person who had a name change at said age would likewise be defensible, but if omitting your old name prevented the background check from revealing relevant information (even unintentionally) then the transgender defense probably won't help you.

Quote from: tgchar21 on July 13, 2018, 11:40:38 AM
The "common law" principle does not obligate the government to issue you identification under your chosen name without appropriate name-change documentation. So while you may have a defense if your employer refuses to call you by your preferred name in situations where a legal name is not required, especially if they allow non-transgender people to do the same (in which case it would obviously be discrimination), for any communications like with the government, insurance, etc. they will need to use your legal name or there may be problems.

If an employer tries to claim that you technically "lied" to them when you first introduced yourself with your preferred name you'd have a solid defense if you did tell them your legal name by the point it was necessary* (especially in the case of transgender people), but if it caused material problems (e.g. background check didn't reveal relevant information* or there were communication/identification issues as I mentioned above) you'd likely lose. *The same principle would apply with background checks if they ask for former names - waiting to list such names until they're actually ready to run the check, communicating the sensitive names straight to the investigator, or an employer who holds it against a child or teen transitioner who left off their birth name when they would not do the same for a non-transgender person who had a name change at said age would likewise be defensible, but if omitting your old name prevented the background check from revealing relevant information (even unintentionally) then the transgender defense probably won't help you.

well, that is good for me, and Dena, cali has changed its laws on gender and name changes. I can now change my gender and name permanently once I start to transition, I don't need srs for the gender chonge now, but there are about 40 forms to fill out, and as for the common usage law, that makes me so muc happier because now I can get away with changing my name on my resume without it hurting my job prospects(jk, im in the one part of California that is bigoted)  but im thinking ill edit that on my resume now though. and I am a teen still, so im limited on my job prospects atm but I guess that its not that bad, just means that I have nothing to worry about from a background check.

Lilly G - If you're still a teen and your parents are cooperative, I'd highly recommend getting your name legally changed before too much longer (even if you can't change the gender marker right now) - assuming you've made a "final" decision about transitioning and what you want your name to be. The sooner you get it changed, the fewer records you'll have with the wrong name. Especially try to get it changed before you graduate high school, which will ensure your diploma is issued with the right name. You'll thank me later unless you don't care about being totally open to others about being transgender. (For older people well into adulthood in which there is little benefit of additional "stealthability" by changing your name right away it does make some sense to wait until you can change both your name and gender marker at the same time.)

Quote from: Gertrude on July 13, 2018, 11:20:04 AM
I'm guessing AZ isn't. 


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I looked it up  and Arizona kind of is. The link I found is this one. (http://myfamilylaw.com/library/common-law-name-change/?more=yes) I now realize I was playing kind of a strange game because I changed all my records except my birth certificate with my surgical documentation. I was able to get an Arizona drivers license with my current name by using my California drivers license. In the last year I went the court route and now all my documentation is correct.

Quote from: Dena on July 13, 2018, 07:21:26 PM
I looked it up  and Arizona kind of is. The link I found is this one. (http://myfamilylaw.com/library/common-law-name-change/?more=yes) I now realize I was playing kind of a strange game because I changed all my records except my birth certificate with my surgical documentation. I was able to get an Arizona drivers license with my current name by using my California drivers license. In the last year I went the court route and now all my documentation is correct.

For me, the BC isn't a problem as I'm from NY as long as I have a court order. What I find odd with AZ are the differences between counties. Pima is a little different than Maricopa. I bet Coconino is too. Basically, I think I need a letter from a doc, file the paperwork along with an affidavit from my spouse and publish in a paper. I don't think it should even be that hard, but I don't live in a liberal state. At least it's not somewhere worse.


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Quote from: Gertrude on July 14, 2018, 09:40:17 AM
For me, the BC isn't a problem as I'm from NY as long as I have a court order. What I find odd with AZ are the differences between counties. Pima is a little different than Maricopa. I bet Coconino is too. Basically, I think I need a letter from a doc, file the paperwork along with an affidavit from my spouse and publish in a paper. I don't think it should even be that hard, but I don't live in a liberal state. At least it's not somewhere worse.


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Publication wasn't a requirement in Maricopa county when I changed my BC. All I needed was the doctors certificate, Arizona court paper work and Wisconsin paper work. It was a bit complicated by the fact that my original BC was gone but the judge accepted my draft card, drivers license and both social security cards as proof of identification. It is a bit expensive to visit the judge as it was over $300 for 5 minutes of the judges time but you only have to do it once.

Quote from: Dena on July 14, 2018, 10:36:07 AM
Publication wasn't a requirement in Maricopa county when I changed my BC. All I needed was the doctors certificate, Arizona court paper work and Wisconsin paper work. It was a bit complicated by the fact that my original BC was gone but the judge accepted my draft card, drivers license and both social security cards as proof of identification. It is a bit expensive to visit the judge as it was over $300 for 5 minutes of the judges time but you only have to do it once.

I wonder if one can change their BC here if they haven't had surgery. Some states require surgery, so won't do it at all. I would just do the name and gender change here and send the paperwork to new york for the BC change, which is pretty much automatic then.

Quote from: Gertrude on July 14, 2018, 05:44:51 PM
I wonder if one can change their BC here if they haven't had surgery. Some states require surgery, so won't do it at all. I would just do the name and gender change here and send the paperwork to new york for the BC change, which is pretty much automatic then.

If your birth state will change the gender without surgery, they may accept the doctors letter and not require a court order. The sequence would be to change your name in Arizona then ship the doctors letter and the court order to New York. This is very iffy and probably is only possible in a few states. It will take a good deal of research into New York's laws to find if it can be done and what the procedure is.

You must always change your Birth Certificate in the state you were born in however you can get a court order in most states requesting the changes be made. Your birth state is under no obligation to accept the court order however most do.