I've been working on trying to get my gender marker changed in a less-than trans-friendly state.
In a previous topic, I asked (ended up consulting an attorney over it) the right steps to take since my birth state has different laws on transitioning: Short answer, I was told if I got my Birth Certificate changed, DMV would be required by constitutional law to accept it as proof of gender change as they would an out-of-state driver's license.

Well, I sent the appropriate papers for an amended Birth Certificate, but turns out they are backed up for something like MONTHS. In the meantime, my wife's high-paying job is now at risk after she blew the whistle on someone (a topic of it's own, but she had to).

I'm needing to look for additional income to help carry the house note in the likely event she's terminated.... My initial plan was to wait until my license was amended before getting a job, because I live in Louisiana, close to Texas (Texas Influence). Louisiana is largely a Dem state, but some bigotry still seeps in. Waiting is no longer an option.

I do have a ~60% feminine figure (50% being ambiguous), more depending on what I wear. I get ma'amed on the phone and very occasionally in public, the rest the time they don't say sir or ma'am, being unsure by look: I'm ~6'2". If I was a drink server at a local casino, I'd probably rock their outfit without getting clocked much because my body, especially in lower light.

So it leaves me with needing opinions/insight how to handle the fact I'm looking for a job while transitioning, including restroom usage. For personal safety, I try to appear ambiguous for most public things until my gender marker is changed even though it's getting pretty hard to. My concern is, restroom usage once working. Medical issues make me drink a lot, so I have to pee every couple hours. Louisiana doesn't have laws on restroom usage, leaving it to store policy. I'm waiting until my documents are changed to use the female restroom and dress more feminine in public, because then telling me to use another restroom when my DL says female would be harassment/discrimination.

My biggest concern is if I begin working somewhere where they see me using the male's restroom before my gender marker changes, then I start using the female, after working. Do I:
-Apply for the interview as female, show up feminine, and explain why if my documents are still not back by then (not sure if I'm .
-Bring up during the interview what they'd want me to do (ie during "do you have any questions for me).
-Wait to tell them until after I'm hired that I'm transitioning, and ask how they want me to handle the restroom thing (ie: have their policy where others might assume I'm legally a girl in the meanwhile)?
-Tell my employer at a meet-and-greet before the interview I am transitioning, to clear the air and ask how THEY want me to list/handle it.

Thanks!

If you can, target a LGBT friendly company while you  are job hunting. Many of the big companies are including ones like Walmart which at first glance you wouldn't think was LGBT friendly. If you are unsure what the company policy is, don't lie on any paper work. If you need to mark a question like gender, leave it blank. Most state allow common usage name changes where you can use whatever name you want as long it it's not for fraud. You will need to provide accurate information when it comes to social security information as that will be checked and any problems kicked back.

Granted, when I faced this, record checking wasn't what it is today but I found a job while in transition with none of my paperwork up  to date but only went by my new name and gender. As I mentioned above, today the social security data would have outed me.

Thanks Dena.... I'll look at common name usage laws for my state.
For the gender marker on an application, what if I'm filling out an online one, and it requires an answer to continue?

On one hand, depending on their hiring queue (time wise), I may or may not have my DL updated to female by then.
Most optimum, I know getting a job at a place like Target (restroom policy) or GameStop (1 non-public restroom) is my best option.... but I also need to know if it may be illegal to list Female on my application, or if they'd be understanding once i explain, since I expected my paperwork back by earlier this month?

I know I've read the SSA sends a letter to employers if your gender marker doesn't match the marker on file, but I don't know the full thing on that.... I also plan to send an amendment to them this week to get that corrected....

If your birth certificate says female, you aren't lying, even if your driver license says otherwise. I'd apply as a female and let it sort things out as needed. Do you have your SSN marker changed? I don't think SSA is packed up and that might be all you need. Be prepared to explain your legal status as a female given that your driver license is not updated, but otherwise don't push the subject until they raise it. Dress femininely, say you're a female and go from there.

Do try to get a job at bigger corporations as Dena suggested, most of national ones have LGBT-inclusive policies.

Don't lie. But be prepared to explain.


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Elkie: Sorry if I miscommunicated somewhere:
I do not yet have my birth certificate updated. The Public Records of that state has a back-order of mail for months. When they get to mine, They should send the AMENDED BC back. But I dont' think they've gotten to it yet to mark it.

So in your opinion/experience, should I apply as female since it's pending with the Department of Public Records (and this week will be pending with Social Security)? Thanks! ^_^

Ugh, sorry, I've read it wrong. You don't have birth certificate amended... Check if you can get name change (def. yes) and birth change on DL in your state without birth certificate change (through court order). In some states you can, and that is all you would need then.

If you have no documents for your new gender - you have 2 options. Either target LGBT friendly companies, or use unisex or male bathroom (life isn't fair but if you need money...)


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However, I doubt any LGBT-unfriendly job would hire someone who ain't 100% male or female. So - if hired, I'd assume the company would be willing to accommodate within a reason.


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If you have to  pick one with an online application, you may have to select male if you think it will be checked and explained latter. When a background check is preformed it could turn up this information depending on how deep the check is. For a security clearance, I needed to report any names I had used in the past and there was no way around that question.

For Social Security, the name and the number must match. This is for E verify and confirms your right to work in this country. In addition, because of identity theft, they need to  match exactly. If you use a middle initial as opposed to a full middle name, it will kick back to the employer and must be correct. I needed to go through E verify in order to work in the family business. A bit ridiculous with my mother doing and E verify on me when she can remember the date of my birth.