A couple of weeks ago someone posted in the FtM forum about job applications that ask for previous names. I mentioned in a reply that in some areas the question as it was worded (asking for any previous names without specifying the purpose) may be illegal. If you play around searching the Internet using the phrase "illegal questions" you'll run onto numerous pages and documents on the issue. On the U.S.-based ones that bring up the name issue there are varying opinions. (I say opinions because I don't know if anyone has actually contested the issue in a court or not, whether or not the reason for the name change was TS-based.) Few if any of the sources bring up the name subject as it would specifically apply to transgenders, but they may still be a guideline on how to handle the question if it comes up (unless you live in an area where gender identity is legally protected you probably won't be able to legally contest it on a personal level though, since if it's illegal it applies only to how it might out someone of a suspect class).

Some sources say that an employer may ask for any previous names as long as the question does not ask into a name changed for a particular reason. However, these sources usually focus only on the issue of a woman's maiden name and the issue of marital status discrimination (reason for the change not obvious by the previous name) and not on ways that the previous name would indicate the reason for the change (ones usually mentioned are if one immigrates and adopts a more American-sounding name or if one converts religions, and this would likewise apply to the TG/TS population). Many of the sources that also bring up the national origin and/or religion issues say that asking for any and all previous names (or if one has legally changed their name) is illegal. Typically they say that the employer should instead ask for whether a prospective employee has any references or work, school, or criminal records under another name that they need to know about (tailoring the question is similar to how employers prior to hiring someone should not ask for birthdates or even high school graduation dates but instead if they are at least [insert age] years old, or should not ask about one's citizenship but instead if they are authorized to work in the U.S.).

Once again, I am not a lawyer (thus this is not legal advice) nor a TS, but someone who is looking out in your community on these kinds of issues. If you have more information on this issue feel free to share it.

ETA: (Cross-posting it here since I mentioned it in a post on the FtM forum.) I found a document from some lawyers (in a very "red" part of the U.S. in fact) that describes the issue of various inappropriate questions (including previous names).

It's funny you should mention this.  I recently ran across this article from an LGBT blog, written by an attorney, that addresses this very thing:

http://www.bilerico.com/2011/10/trans_job_applications_to_name_or_not_to_name.php

I'm going to read that article linked by blackMamba. But I have to say, this sort of thing really annoys me.

I changed my surname while in my late teens. I had absolutely no problems at all. Then, in my late 20s, when I started nurse training, we were all presented with a form from someone asking a load of impertanent questions.

Now just a bit of background. In the NHS, these forms do the rounds all the time, either asking about patients or staff. Their purpose is to justify the existance of some newly appointed idiot to the senior staff, who won't ever have a proper job to do, but will have almost secure employment for life. It's one of the more obvious corrupt practices in the NHS and given their failure to deal with it, demonstrates that they will never deal with any of the other examples.

Anyway, this form, like all of these, asked a load of silly questions, I think these were asking about when we first decided to become nurses and why. The form wanted to know if we had had a previous name, though this was mainly to see which females had married.

Now I can't quite recall why, but for some reason, the issue of name changing for nonmarital reasons came up and it was said we had to answer regardless of the reason. So I did.

I was put through the third degree by any number of staff. Each claimed it was unusual for a man to want to change his name. They wanted to see if I was hiding anything, (as if I would have told them about the name change if I had been!!). Most demanded to know what legal procedures I'd used, though it became fairly obvious that none knew what these were. Most seemed to think it was like some sort of American court as seen in a 50s B movie!

It was sorted out in the end. But a heck of a hassle.

If you think you can, I will suggest you simply ignore the question or even deny it.

Quote from: blackMamba on October 23, 2011, 07:57:54 AM
It's funny you should mention this.  I recently ran across this article from an LGBT blog, written by an attorney, that addresses this very thing:

http://www.bilerico.com/2011/10/trans_job_applications_to_name_or_not_to_name.php

I think her opinion is a very good one. In addition, the issue of employers running background checks for any offenses for any position is a debatable legal issue in of itself (one that has become more relevant in recent years, but at least we're starting to see the other end of the tunnel as some places are tightening employers' ability to seek and use that information). For some positions a criminal check is certainly warranted though, such as someone convicted of embezzlement not being allowed to have control over the company's finances or someone convicted of a violent or sex offense (by that I mean a real sex offense, not someone who urinated in public or had sex with a 17-year-old when they were 18) not being allowed to be a care worker for children/disabled/elderly/etc. Her opinion on employers having your previous name on a "need to know" basis is what many other sources not necessarily focused on TSs say and that I agree with (such as if they need to contact an employer who does not know your new name or to check school records under the old name*).

*On that subject, does anyone know of any legal precedents or laws about public educational institutions being required to update your records (particularly in conjunction with FERPA)? With private institutions you're probably at the school's whim (and if it's single-sex updating you records will still give away your birth gender unless you can retroactively change where you went).

I recently thought of another (legally questionable) technique that some employers do to try and learn more about your background: Ask for a driver's license even if the position does not involve operating a vehicle on-the-job. Privacy issues aside, the requirement of a driver's license for all positions may be illegal if someone who can't drive due to a disability (a legally protected class) contests it (on the other hand someone who voluntarily chooses not to drive would probably not have standing if being challenged on the basis of discrimination). (The analogous legal question here is that an employer can ask if you have reliable transportation to and from work with the specified schedule.)

Quote from: spacial on October 23, 2011, 10:37:42 AM
I'm going to read that article linked by blackMamba. But I have to say, this sort of thing really annoys me.

I changed my surname while in my late teens. I had absolutely no problems at all. Then, in my late 20s, when I started nurse training, we were all presented with a form from someone asking a load of impertanent questions.

Now just a bit of background. In the NHS, these forms do the rounds all the time, either asking about patients or staff. Their purpose is to justify the existance of some newly appointed idiot to the senior staff, who won't ever have a proper job to do, but will have almost secure employment for life. It's one of the more obvious corrupt practices in the NHS and given their failure to deal with it, demonstrates that they will never deal with any of the other examples.

Anyway, this form, like all of these, asked a load of silly questions, I think these were asking about when we first decided to become nurses and why. The form wanted to know if we had had a previous name, though this was mainly to see which females had married.

Now I can't quite recall why, but for some reason, the issue of name changing for nonmarital reasons came up and it was said we had to answer regardless of the reason. So I did.

I was put through the third degree by any number of staff. Each claimed it was unusual for a man to want to change his name. They wanted to see if I was hiding anything, (as if I would have told them about the name change if I had been!!). Most demanded to know what legal procedures I'd used, though it became fairly obvious that none knew what these were. Most seemed to think it was like some sort of American court as seen in a 50s B movie!

It was sorted out in the end. But a heck of a hassle.

If you think you can, I will suggest you simply ignore the question or even deny it.

Had they not heard of a deed poll? (Since you mentioned the NHS, I assume this scenario is from the UK.)

They had, but didn't seem to understand it beyond Hollywood notions.

However, since I was living in Scotland at the time, there was no Deed poll.

Quote from: tgchar21 on October 19, 2011, 04:14:26 PM
A couple of weeks ago someone posted in the FtM forum about job applications that ask for previous names. I mentioned in a reply that in some areas the question as it was worded (asking for any previous names without specifying the purpose) may be illegal. If you play around searching the Internet using the phrase "illegal questions" you'll run onto numerous pages and documents on the issue. On the U.S.-based ones that bring up the name issue there are varying opinions. (I say opinions because I don't know if anyone has actually contested the issue in a court or not, whether or not the reason for the name change was TS-based.) Few if any of the sources bring up the name subject as it would specifically apply to transgenders, but they may still be a guideline on how to handle the question if it comes up (unless you live in an area where gender identity is legally protected you probably won't be able to legally contest it on a personal level though, since if it's illegal it applies only to how it might out someone of a suspect class).

Some sources say that an employer may ask for any previous names as long as the question does not ask into a name changed for a particular reason. However, these sources usually focus only on the issue of a woman's maiden name and the issue of marital status discrimination (reason for the change not obvious by the previous name) and not on ways that the previous name would indicate the reason for the change (ones usually mentioned are if one immigrates and adopts a more American-sounding name or if one converts religions, and this would likewise apply to the TG/TS population). Many of the sources that also bring up the national origin and/or religion issues say that asking for any and all previous names (or if one has legally changed their name) is illegal. Typically they say that the employer should instead ask for whether a prospective employee has any references or work, school, or criminal records under another name that they need to know about (tailoring the question is similar to how employers prior to hiring someone should not ask for birthdates or even high school graduation dates but instead if they are at least [insert age] years old, or should not ask about one's citizenship but instead if they are authorized to work in the U.S.).

Once again, I am not a lawyer (thus this is not legal advice) nor a TS, but someone who is looking out in your community on these kinds of issues. If you have more information on this issue feel free to share it.

I legally changed my name over 23 years ago and all forms ever since then (with the exception of two) I have always used my legal name and I have never put down my previous name if it was asked on those forms.  Regardless of any consequences or not.  To give you an indication of what I will do and how strongly I feel in protecting myself, here is a little story.

Approximately three months after changing my name and other certain documents.  I attended my first visit to my psychiatrist and my health care card still had my previous name on it (it took some time for new cards to be issued).  I handed it over and my name was recorded on a patient card and I asked that it not be done.  The receptionist replied it was only temporary until I got my new health care card.  I did not contest it and I understood the reason for it being put down, yes my appointment was in my legal name.

Anyway the receptionist went away and my patient card was still on the desk, I was still thinking how can I get rid of my previous name on it.  I picked the card up and noticed my name was written in pencil, I saw a rubber on the desk and proceeded to erase my previous name very thoroughly.  I then replaced the card back on the desk.  A little while later I went into my consultation and as they say the rest is history.

and another

How did I get around my previous job without any references?  My first job, I was hired as a contractor and I informed the personal consultant about myself and my references.  He found work for me, never saw me and did not know my previous name, and he said not to worry about those references.  After that first job I had my new references and other previous references. I just listed 'available on request'.  Anyway that was a life time ago and I'm now in a completely different profession.

The reason why I have never had any problems per se was because I changed my name and documents as quickly as I could. I did not really have a paper trail prior to changing my name legally, so this helped me immensely .  As Spacial said "If you think you can, I will suggest you simply ignore the question or even deny it."  This is what I do, I do not fill in that question, if I consider that I can get away with it after weighing up the various issues involved. or deny I had a previous name (not that I ever had to), I will do so.  These days, its a non issue because the sands of time have forever buried or destroyed, virtually all of the paperwork that ever existed.

Kind regards
Sarah B

With Sarah B describing how swiftly changing your documents makes it less likely you'll have to reveal your old name, I pondered another question (which I touched briefly on another Susan's board awhile back): For those whose names were legally changed in childhood not necessarily related to gender issues (e.g. adopted or surname changed to stepfather's) do they typically reveal their original name in the kinds of cases we've been talking about or not? Like TSs, in many cases they'll have new or amended birth certificates.

In that situation, I would presume your previous name would be still be the 'last name' you had.  Unless of course you are applying for a job which requires a 'security clearance', in which case if I applied for something (not that I would) in that area.  I still would more than likely give my previous name and any other previous names.  This of course depends on the question that is being asked.  For example, Do you have a previous name?  As compared with List all previous names you were known as?

I actually was considering a contract where this was required and after thinking about it.  My privacy was more important than that job.  So I never applied for that job in the end.

Kind regards
Sarah B

passport, state enhanced ID for WHTI, and concealed weapon permit all required past names and a paper trail to a birth certificate.

Everyone else gets current name and ID only, no if ands or buts.

Here in UK we are getting very police-state and recently at work I was asked to complete a personal record even though I've worked in the place over 4 years and some of the questions was 'have you EVER been arrested/cautioned/had ANY offence' recorded by police.  so logically they needed to know my previous name as otherwise I'd be guilty of some silly crime but I ignored the question anyway and so far no middle of the night visits from the Gestapo.
but I suppose legally I ought to ensure that the police files of my one speeding ticket shoudl be updated to my new female name in case the police computers blow a fuse.

That was a well written article. As far as I know in the US. Your prospective employer can ask for other names, as part of a back...check at time of hire or promotion. As stated on the Bilerco piece, it's not 100% legal on just the general application. I don't know how far you would get with that in the courts these days. Not because of any anti- trans biasis, but rather the number of people chasing one opening. No puns intended.

At the end of the day though people hire the best worker period. If their not hiring the best applicant I, at least, wouldn't care to work there, as excellence wouldn't be their top priority.

Colleges, sheet. Their out to people please in general. They would probably put Snoopy on the paper, provided Charlie Browns check cashed.

Quote from: Michelle. on October 25, 2011, 10:46:16 PM
That was a well written article. As far as I know in the US. Your prospective employer can ask for other names, as part of a back...check at time of hire or promotion. As stated on the Bilerco piece, it's not 100% legal on just the general application. I don't know how far you would get with that in the courts these days. Not because of any anti- trans biasis, but rather the number of people chasing one opening. No puns intended.

I think the only time that the question is 100% safe for an employer to ask is when the job calls for a formal check through an agency like the police department or the FBI (or your state/local equivalent), and even then you may be able to get away putting something like "Information available to authorized investigator only" and then someone from said agency will contact you (and you give out your previous name to the agency directly). (IIRC someone on here was successful in doing something like that when obtaining a security clearance, another case where the question is unequivocally legal.) Putting that statement won't necessarily give away that you're a TS, because I think people whose identities were changed for safety reasons or the Witness Protection program may sometimes do the same. (Don't take my word on whether or not that will work in your personal case though, as I am not a lawyer.)

In the case of an employer using a private agency to investigate your general background, that's probably the truly "gray area" on whether or not they can ask you (OTOH these kinds of checks are legally questionable to begin with IMO since they can pull up information that can be used in a discriminatory way to numerous protected groups, and these agencies sometimes have false information on people).

When checking work/school records or references through said people or institutions directly (or someone who they are affiliated with), the question is OK if phrased as to only require giving out names that they would know you by (and not any previous names in general).

Quote from: lilacwoman on October 24, 2011, 04:25:33 PM
Here in UK we are getting very police-state and recently at work I was asked to complete a personal record even though I've worked in the place over 4 years and some of the questions was 'have you EVER been arrested/cautioned/had ANY offence' recorded by police.  so logically they needed to know my previous name as otherwise I'd be guilty of some silly crime but I ignored the question anyway and so far no middle of the night visits from the Gestapo.
but I suppose legally I ought to ensure that the police files of my one speeding ticket shoudl be updated to my new female name in case the police computers blow a fuse.

You are under no legal obligation to answer those questions if they are spent, as defined by the Rehabilitation of Offenders Act. There are a few exceptions.

http://www.nacro.org.uk/search-services/resettlementplushelpline/useful-resources/rehabilitation-of-offenders-act-leaflet,412,NAP.html

I agree with your point about the UK moving toward a police state. Sadly, experience has demonstrated that when governments and their servents get some authority they invariably misuse it.

But you might find it useful to read the leaflet.  I was working in the NHS which was deemed to be an exception under the act. Fortunately, I don't have any offenses, but did have that name change.

I do work at the local NHS hospital..hence they think they need to know everything right back to birth.