Susan's Place Transgender Resources

Community Conversation => Transsexual talk => Topic started by: xAndrewx on September 28, 2010, 11:42:26 PM

Title: When Filling Out A Job App... Need To State Previous Name?
Post by: xAndrewx on September 28, 2010, 11:42:26 PM
Okay so I'm trying to learn this in advance, haven't changed my name yet but it occurred to me the other day. When an application asks "Have you been known by any other name?" do you have to put your previous legal name? If so, how do you deal with it when you have to out yourself? My current legal name is not unisex at all so I know I couldn't pass it off as just wanting a change.
Title: Re: When Filling Out A Job App... Need To State Previous Name?
Post by: Sarah Louise on September 29, 2010, 09:43:51 AM
They are asking a legal question and if you respond less than truthfully, they can use it as a reason not to hire you.  And believe me, if they check, it will come out.

In my opinion its better to be honest and explain your answer to them.

Sarah L.
Title: Re: When Filling Out A Job App... Need To State Previous Name?
Post by: xAndrewx on September 29, 2010, 09:46:23 AM
Thanks Sarah Louise :) I guess I just hear about so many guys and girls living stealth and was wondering how they managed it when it came to work. Very good point though. I'd rather risk discrimination than lie, get in a lot of trouble, and not get hired.
Title: Re: When Filling Out A Job App... Need To State Previous Name?
Post by: tgchar21 on September 29, 2010, 11:30:12 AM
I'm neither TG myself (I came here to visit to gather information for a TG character) nor a lawyer (so don't treat this as legal advice), but do you live in an area where TGs are protected by anti-discrimination laws in terms of employment? If so, them asking for previous names at the initial application stage may be a bit dicey for them. I'd compare it to them asking (anyone whether TG or not) for their birthdate at the same application stage (asking if you are at least a certain minimum age in order to comply with child labor laws is acceptable though). What I mean of "application stage" for both the name and birthdate is if the information is asked later for background check purposes and will not be used to influence hiring decisions, then give it then. Another instance where you may need to out yourself via the name is if you have references that don't know about your transition or educational records that you need to give which you weren't able to change.

If you don't live in an area covered by anti-discrimination laws protecting TGs in employment, then them asking for the previous name is probably perfectly legal. If you don't live in the U.S. this probably won't apply to you (e.g. in some countries asking for birthdate is legal).

ETA: I am not suggesting whether or not the OP should mention the information, but rather that in areas where transgenders are a "protected class" this question* might be considered "taboo" (like the aforementioned question about birthdate). *If worded in a way that does not out a TG (e.g. asking for only maiden or other last names used, or specifically mentioning that TGs do not need to reveal pre-transition names), this statement would not apply. I do not know of any court rulings one way or the other on this issue.
Title: Re: When Filling Out A Job App... Need To State Previous Name?
Post by: Northern Jane on September 29, 2010, 02:54:37 PM
Quote from: Alexander on September 29, 2010, 09:46:23 AMI guess I just hear about so many guys and girls living stealth and was wondering how they managed it when it came to work.

I ran into that many years on the application for a DND security clearance and entered "information available to qualified investigator only". I did get a call from a senior officer at the RCMP headquarters in Ottawa, explained the situation, and it was handled with the utmost discretion.

If it was simply on a company's job application,  I would simply ignore it.

There are other people in the world with the same issue, like those in witness protection, and there is no reason for Joe Blow to have that information.
Title: Re: When Filling Out A Job App... Need To State Previous Name?
Post by: Arch on September 29, 2010, 03:43:06 PM
I was worried about this when I was applying online. The I noticed that this particular question had an asterisk and some fine print explaining that the question was optional. It won't always be like that--then I'll bloody well answer the question. So should you, I'm afraid.
Title: Re: When Filling Out A Job App... Need To State Previous Name?
Post by: xAndrewx on September 29, 2010, 04:41:27 PM
Thanks guys :) Arch, I never would have thought to look for fine print. Tgchar21 thanks I honestly don't know what the laws are here. Northern Jane I never even thought about it that way. Thanks for all the responses everyone :) Please don't think I thought it was okay to lie on a job app even though I think it's not important but I like staying out of trouble. I just truly did not understand how people were able to not be out at work. Thanks everyone
Title: Re: When Filling Out A Job App... Need To State Previous Name?
Post by: JennX on September 29, 2010, 07:18:50 PM
On the application: No.

On a background check or credit check release: Yes.

Otherwise I'd just wait to see if you get called for an interview and explain it then.  :)
Title: Re: When Filling Out A Job App... Need To State Previous Name?
Post by: Imadique on September 30, 2010, 03:03:51 AM
It's on a lot of job applications and I always decline to answer it. I have declined to answer it on police checks too and gotten through fine.