Susan's Place Transgender Resources

Community Conversation => Transitioning => Legal Matters => Topic started by: Jamie_Taylor on November 02, 2013, 10:05:40 AM

Title: trans issues at work
Post by: Jamie_Taylor on November 02, 2013, 10:05:40 AM
Hi everyone. I havnt posted in a while. at the 3 month point of HRT and I have had plenty of ups and downs thus far for sure.

I started this thread in the hopes that some of you are more experienced and knowledgeable than myself with being trans at work.

I live in a city that protects gender identity in the workplace (Buffalo NY) and while I know this simple fact, I have no idea on how it applies to my life/job

I generally like my job (Im a cook) and nearly everyone in the workplace accepts me as a trans woman and use proper pronouns and generally treat me like a lady. Some of the guys in the kitchen slip up way too often and treat me like a guy too much, but hey, they are 20 yr old guys that dont get being trans but they try to make me comfortable.and of course, Im understanding about it.

my issue is with the chef and my direct boss. This guy absolutely refuses to use the correct pronouns, calls me dude and man a dozen times a day, and uses my birth name often. I have asked everyone there not too and gave several alternatives. basically, this guy refuses to acknowledge my gender identity at all. its so bad that when the other cooks talk to him and I come up, they have to use "he" and "him". if they dont, he will either pretend to not listen or get outright angry.

I come to work with work appropriate makeup, clothes and jewelry. so its not like Im "in guy mode" but requesting to be accepted as female. my presentation is unmistakably feminine.  Having a job during transition is really important for me of course. but I feel 100% caught between a rock and a hard place as this thing is really screwing my head and causing a ton of anxiety.

does anyone know of any recourse, legal or otherwise? I dont want a fat lawsuit. I just want this crap to stop one way or another.

Title: Re: trans issues at work
Post by: Eva Marie on November 02, 2013, 10:37:47 AM
It looks like these people might be a good place to start asking questions: http://www.transgenderlaw.org/

Good luck with this; the head chef is clearly discriminating against you and is creating a hostile workplace.
Title: Re: trans issues at work
Post by: Jennygirl on November 02, 2013, 10:41:32 AM
When I had just started FT, I did what Cindy recommended and it worked like a charm!

...use improper pronouns on them!! ;D

It can be a funny, non-confrontational, and therefore effective way to get them thinking!

Good luck!
Title: Re: trans issues at work
Post by: Beth Andrea on November 02, 2013, 10:42:59 AM
Do you feel you can go up the "chain of command"? If the chef (who is your direct boss, if I'm reading it correctly) won't use correct language, that is a hostile work environment, and the site manager should be told about it and given a chance to correct it.

Do not let anyone retaliate against you, it is your right to be treated with respect in the workplace.

Legal recourse should always be a last option, imho.
Title: Re: trans issues at work
Post by: suzifrommd on November 02, 2013, 11:17:24 AM
I agree with those who said try to go through the chain of command, or, if you're part of a large company, HR.

I'm not a lawyer, but I do know that it is considered discriminatory to provide a "hostile work environment". Using inappropriate pronouns would definitely be an example of that.
Title: Re: trans issues at work
Post by: ChelseaAnn on November 08, 2013, 07:28:43 AM
I actually have a question that relates to the problem you're having. So, I live in Pennsylvania, and from the transgender law site, I see that PA prohibits discrimination in public employment on basis of gender identity. Specifically, it's under an executive order.

No agency under the jurisdiction of the Governor shall discriminate against any
employee or applicant for employment because of race, color, religious creed, ancestry, union
membership, age, gender, sexual orientation, gender identity or expression, national origin, AIDS
or HIV status, or disability. (Signed by Rendell in 2003)

I work in a factory, so does that mean I have protection from discrimination. I don't think it's the same as protection from being fired for being trans*. It doesn't matter yet, but it will in about 2 years.
Title: Re: trans issues at work
Post by: LordKAT on November 08, 2013, 07:39:48 AM
It reads that way to me.
Title: Re: trans issues at work
Post by: ChelseaAnn on November 08, 2013, 08:11:57 AM
Ok. Well, there is a House Bill that was just reintroduced in May for protection for employment for trans* (gender identity and expression). So I imagine employment isn't included in the executive order. Hopefully it doesn't take as long to get passed this time. The last time it was introduced was in 2009.
Title: Re: trans issues at work
Post by: Jamie_Taylor on November 18, 2013, 02:39:08 PM
Quote from: ChelseaAnn on November 08, 2013, 07:28:43 AM
I actually have a question that relates to the problem you're having. So, I live in Pennsylvania, and from the transgender law site, I see that PA prohibits discrimination in public employment on basis of gender identity. Specifically, it's under an executive order.

No agency under the jurisdiction of the Governor shall discriminate against any
employee or applicant for employment because of race, color, religious creed, ancestry, union
membership, age, gender, sexual orientation, gender identity or expression, national origin, AIDS
or HIV status, or disability. (Signed by Rendell in 2003)

I work in a factory, so does that mean I have protection from discrimination. I don't think it's the same as protection from being fired for being trans*. It doesn't matter yet, but it will in about 2 years.

Chelsea, I hope I am wrong and misreading it.... But I always thought "public" employment meant that you work for a govt entity, like a town, county, state, federal, etc.... so in your case with working in a  privately owned factory (I am assuming that is the case) well I wonder if that law does actually protect you.

In my own situation, I am extremely lucky that the city I live in is one of the 5 or so in the state that protects gender ID in the workplace, public or private.

also I spoke with the NYCLU and I guess they will be contacting the ownership of the business and thanking them for attempting to resolve the issue but also letting them know that the problem is continuing and must be resolved.

I dont like rocking boats or playing with my means of supporting myself, but eventually enough becomes enough and since the chef has been spoken too about it and continues to misgender me like nothing ever was said.... well thx god someone other than myself is weighing in on the issue.

the whole things sucks tho. I just want to go to work and earn my pay. this crap is causing a ton of anxiety =[
Title: Re: trans issues at work
Post by: ChelseaAnn on November 19, 2013, 06:54:51 AM
Yeah, mine is causing a bit. I have some time, but I mean, how often is Congress going to vote on ENDA a year?? Figuring I have about a year and a half until I'm ready to start hormones, I'll be lucky to have 2 more votes (considering it seems like the current one won't go through.)

Who knows, maybe I'll start my therapy and find a job where I can walk in and say "Hey, listen, I would love to work here, and I have a lot of skills to contribute, but I'll be transitioning to female." Sigh, guess we can all dream, right?
Title: trans issues at work
Post by: Zumbagirl on November 19, 2013, 07:48:50 AM
Have you actually done a legal name change or document change such as drivers license? If you haven't then how can you expect to be treated when someone is accountable for your paycheck and tax forms etc etc.
Title: Re: trans issues at work
Post by: Jennygirl on November 19, 2013, 09:57:44 AM
Zumba- I kiiiind of see your point but it shouldn't matter. What if a person identifies as non-binary?

While it may be helpful in certain situations, it means absolutely nothing as to who we are and what gender we truly identify as... Gender marker on paper is sometimes a mere representation of our history and may or may not be in line with how we actually identify.

Not saying that I don't think that would help, though... I bet it would.
Title: Re: trans issues at work
Post by: tgchar21 on November 19, 2013, 10:23:31 AM
Quote from: Zumbagirl on November 19, 2013, 07:48:50 AM
Have you actually done a legal name change or document change such as drivers license? If you haven't then how can you expect to be treated when someone is accountable for your paycheck and tax forms etc etc.

That can make a big difference - if you've legally changed your name then you'd have a case for them referring to you by the wrong name, even if you can't seek recourse based on your TG issues specifically.