A common question on here is if you can avoid "deadnaming" yourself on a job application if 1) You haven't legally changed your name or 2) You have, but the form asks for other names you've used.
With #1, a tactic I've come up with is to ask the employer before completing the application something like "I go by a different name than my legal name. Can I complete the job application with the name I go by?" (without divulging your legal name or why you use a different name at that point). If they say that you can complete the form with your chosen name, and then turn around and say that your application was inaccurate because you didn't use your legal name, you have proof they are treating you differently because you are transgender (as opposed to someone who for example goes by a different first name just because they don't like their birth name without any gender identity issues, or someone who uses an alternate name because they're named after a family member) which means you have a tangible defense in a discrimination case. On the other hand, if they say you must use your legal name, then you should follow directions. Although you will eventually have to divulge your legal name (unless you're working "under the table") this would at least enable you to get through the initial interview process without your transgender status being relevant.
Likewise with #2 when it's questionable whether or not your birth name is even relevant in practice (such as if you transitioned as a child/teen or in some cases a long time ago) asking something like "My name was changed at age x (or y number of years ago) and all of my relevant records are under my current name. Do I need to disclose my former name or not?" will enable you to find out if they actually have a reason to know your birth name without initially outing yourself. I know this would be of no use to most transgender people who have transitioned fairly recently as adults, but for those who are lucky enough that all of your relevant records are under the right name this is an idea (although one member disagrees with me on this strategy - I won't mention who but you know who you are).
In both cases, one is not asking for any "special treatment" but is instead asking the employer beforehand in ways that don't out oneself (before divulging a name that would). There is also no "absolute right" here that says you're free from needing to disclose a deadname, but if they wouldn't hold it against a cisgender person who goes by a different name or changed their name at the same age/number of years ago - but they end up doing so because you're transgender - you have proof of discrimination. Plus, most who have experience with HR/management
agree in general for run-of-the-mill jobs (not cases like security clearances, etc.) that names changed before an age where you'd have anything background-check-relevant don't need to be disclosed. The issue of using a preferred vs. legal name is a little more contentious though.
Any thoughts? This is not advice for me individually, but rather talking about the transgender community in general. For our international members this is also being talked about from a U.S. perspective.
