Activism and Politics => Discrimination => Topic started by: Julie Marie on September 22, 2009, 03:48:28 PM Return to Full Version
Title: 97% of TGs Experience Discrimination in the Workplace
Post by: Julie Marie on September 22, 2009, 03:48:28 PM
Post by: Julie Marie on September 22, 2009, 03:48:28 PM
From the National Gay & Lesbian Task Force (http://www.thetaskforce.org/):
It's outrageous, but true — 97% of people who are transgender or gender non-conforming have experienced mistreatment, harassment, or discrimination on the job.
That's what the first-ever study on discrimination against transgender people by the Task Force and the National Center for Transgender Equality discovered. And what's even more shocking — in most states, employment discrimination against LGBT people is perfectly legal.
This is unacceptable. We must pass the Employment Non-Discrimination Act (ENDA) now. (http://www.kintera.org/site/c.iqLRI2OxGlF/b.5468833/k.5D38/Call_Your_Representative.htm?msource=ENDA09hrhe1&auid=5348554)
Note the words "or gender non-conforming". You don't have to be trans or even gay or lesbian, just gender non-conforming for most states to allow discrimination against you. We got a lot of work to do, don't we!
Julie
It's outrageous, but true — 97% of people who are transgender or gender non-conforming have experienced mistreatment, harassment, or discrimination on the job.
That's what the first-ever study on discrimination against transgender people by the Task Force and the National Center for Transgender Equality discovered. And what's even more shocking — in most states, employment discrimination against LGBT people is perfectly legal.
This is unacceptable. We must pass the Employment Non-Discrimination Act (ENDA) now. (http://www.kintera.org/site/c.iqLRI2OxGlF/b.5468833/k.5D38/Call_Your_Representative.htm?msource=ENDA09hrhe1&auid=5348554)
Note the words "or gender non-conforming". You don't have to be trans or even gay or lesbian, just gender non-conforming for most states to allow discrimination against you. We got a lot of work to do, don't we!
Julie
Title: Re: 97% of TGs Experience Discrimination in the Workplace
Post by: Chrissty on September 22, 2009, 04:06:21 PM
Post by: Chrissty on September 22, 2009, 04:06:21 PM
I saw my first building "site rules" document that included a "no transgender descrimination" clause yesterday in the UK. ;)
More interesting, that 5 out of 5 guys who signed it, knew what it meant.. ;)
...not that it would necessarily make much diference to the way they behave.. :-\
Chrissty
More interesting, that 5 out of 5 guys who signed it, knew what it meant.. ;)
...not that it would necessarily make much diference to the way they behave.. :-\
Chrissty
Title: Re: 97% of TGs Experience Discrimination in the Workplace
Post by: Julie Marie on September 22, 2009, 04:14:02 PM
Post by: Julie Marie on September 22, 2009, 04:14:02 PM
All too often, knowing the rules just means you have to be more careful when breaking them.
Julie
Julie
Title: Re: 97% of TGs Experience Discrimination in the Workplace
Post by: Janet_Girl on September 22, 2009, 06:44:25 PM
Post by: Janet_Girl on September 22, 2009, 06:44:25 PM
Just because there are rules against discrimination, will not keep the powers that be from firing you. They can make up anything, back it in some kind of documentation, and fire you. And even if it is because you are who you are, they can and do show that it was something else.
I should know. I have finally been discriminated against. I may not be able to prove it but I know it.
Janet
I should know. I have finally been discriminated against. I may not be able to prove it but I know it.
Janet
Title: Re: 97% of TGs Experience Discrimination in the Workplace
Post by: finewine on September 22, 2009, 10:06:12 PM
Post by: finewine on September 22, 2009, 10:06:12 PM
As an employer, I've seen both sides of this.
Janet is completely correct - unless you have a demonstrably perfect record, it's usually possible for someone to "find a reason" for why you got a poor performance assessment, got let go, etc.. That doesn't mean that's always what happens but, in this case, clearly TG folks are a target for discrimination.
That said, I've seen the other side too - when someone cries discrimination when they genuinely were crap at their work. Very few people would admit, or even realise, that they are doing a lousy job.
My advice is to keep detailed written records - minutes of conversations, copies of appraisal docs, emails, etc. so that you can better substantiate a claim of discrimination if it really happens.
In my experience, employers win tribunal cases when they can show documentary evidence of having followed the performance management processes (and, likewise, can easily lose a case on a technical procedure violation). Often, particularly where discrimination is concerned, this is a weak point, so if the employee keeps their own records it makes their position much stronger.
The worst case scenario is a "your word against theirs" because your only hope then is to catch them out on the procedure violation. As TG folks should be painfully aware of the discrimination risks, I think being proactive with record keeping would be a wise move. It might not help but it's better to have it and not need it, than need it and not have it.
Janet is completely correct - unless you have a demonstrably perfect record, it's usually possible for someone to "find a reason" for why you got a poor performance assessment, got let go, etc.. That doesn't mean that's always what happens but, in this case, clearly TG folks are a target for discrimination.
That said, I've seen the other side too - when someone cries discrimination when they genuinely were crap at their work. Very few people would admit, or even realise, that they are doing a lousy job.
My advice is to keep detailed written records - minutes of conversations, copies of appraisal docs, emails, etc. so that you can better substantiate a claim of discrimination if it really happens.
In my experience, employers win tribunal cases when they can show documentary evidence of having followed the performance management processes (and, likewise, can easily lose a case on a technical procedure violation). Often, particularly where discrimination is concerned, this is a weak point, so if the employee keeps their own records it makes their position much stronger.
The worst case scenario is a "your word against theirs" because your only hope then is to catch them out on the procedure violation. As TG folks should be painfully aware of the discrimination risks, I think being proactive with record keeping would be a wise move. It might not help but it's better to have it and not need it, than need it and not have it.
Title: Re: 97% of TGs Experience Discrimination in the Workplace
Post by: gennee on September 26, 2009, 07:46:24 PM
Post by: gennee on September 26, 2009, 07:46:24 PM
Janet, that is a good idea.
Julie, I know there is job discrimination against transgender people but am shocked that it's at 97%. Then again maybe I shouldn't be.
Gennee
Julie, I know there is job discrimination against transgender people but am shocked that it's at 97%. Then again maybe I shouldn't be.
Gennee
Title: Re: 97% of TGs Experience Discrimination in the Workplace
Post by: Dianna on October 06, 2009, 08:27:43 AM
Post by: Dianna on October 06, 2009, 08:27:43 AM
In most States in Australia it is not legal to discriminate re one's gender.
http://www.gendercentre.org.au/pdf/fact-sheets/transgender-discrimination-your-rights.pdf (http://www.gendercentre.org.au/pdf/fact-sheets/transgender-discrimination-your-rights.pdf)
Of course it still occurs if one is out about being a pre-op or post-op.
http://www.gendercentre.org.au/pdf/fact-sheets/transgender-discrimination-your-rights.pdf (http://www.gendercentre.org.au/pdf/fact-sheets/transgender-discrimination-your-rights.pdf)
Of course it still occurs if one is out about being a pre-op or post-op.
Title: Re: 97% of TGs Experience Discrimination in the Workplace
Post by: Steph on October 06, 2009, 11:28:12 AM
Post by: Steph on October 06, 2009, 11:28:12 AM
Quote from: Chrissty on September 22, 2009, 04:06:21 PM
I saw my first building "site rules" document that included a "no transgender descrimination" clause yesterday in the UK. ;)
More interesting, that 5 out of 5 guys who signed it, knew what it meant.. ;)
...not that it would necessarily make much diference to the way they behave.. :-\
Chrissty
Yep... While it's nigh impossible to change the way people think, you can make them follow rules as long as the consequences for breaking those rules are meaningful and are actually a deterrent.
-=LR}=-
Title: Re: 97% of TGs Experience Discrimination in the Workplace
Post by: Julie Marie on October 06, 2009, 12:57:23 PM
Post by: Julie Marie on October 06, 2009, 12:57:23 PM
Quote from: Ladyrider on October 06, 2009, 11:28:12 AM
Yep... While it's nigh impossible to change the way people think, you can make them follow rules as long as the consequences for breaking those rules are meaningful and are actually a deterrent.
-=LR}=-
And as long as the penalties attached for breaking the rules are enforced.
J