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97% of TGs Experience Discrimination in the Workplace

Started by Julie Marie, September 22, 2009, 03:48:28 PM

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Julie Marie

From the National Gay & Lesbian Task Force:

It's outrageous, but true — 97% of people who are transgender or gender non-conforming have experienced mistreatment, harassment, or discrimination on the job.

That's what the first-ever study on discrimination against transgender people by the Task Force and the National Center for Transgender Equality discovered. And what's even more shocking — in most states, employment discrimination against LGBT people is perfectly legal.


This is unacceptable. We must pass the Employment Non-Discrimination Act (ENDA) now.

Note the words "or gender non-conforming".  You don't have to be trans or even gay or lesbian, just gender non-conforming for most states to allow discrimination against you.  We got a lot of work to do, don't we!

Julie
When you judge others, you do not define them, you define yourself.
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Chrissty

I saw my first building "site rules" document that included a "no transgender descrimination" clause yesterday in the UK.  ;)

More interesting, that 5 out of 5 guys who signed it, knew what it meant.. ;)

...not that it would necessarily make much diference to the way they behave.. :-\

Chrissty
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Julie Marie

All too often, knowing the rules just means you have to be more careful when breaking them.

Julie
When you judge others, you do not define them, you define yourself.
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Janet_Girl

Just because there are rules against discrimination, will not keep the powers that be from firing you.  They can make up anything, back it in some kind of documentation, and fire you.  And even if it is because you are who you are, they can and do show that it was something else.

I should know.  I have finally been discriminated against.  I may not be able to prove it but I know it.


Janet
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finewine

As an employer, I've seen both sides of this.

Janet is completely correct - unless you have a demonstrably perfect record, it's usually possible for someone to "find a reason" for why you got a poor performance assessment, got let go, etc..   That doesn't mean that's always what happens but, in this case, clearly TG folks are a target for discrimination.

That said, I've seen the other side too - when someone cries discrimination when they genuinely were crap at their work.  Very few people would admit, or even realise, that they are doing a lousy job.

My advice is to keep detailed written records - minutes of conversations, copies of appraisal docs, emails, etc. so that you can better substantiate a claim of discrimination if it really happens.

In my experience, employers win tribunal cases when they can show documentary evidence of having followed the performance management processes (and, likewise, can easily lose a case on a technical procedure violation).  Often, particularly where discrimination is concerned, this is a weak point, so if the employee keeps their own records it makes their position much stronger.

The worst case scenario is a "your word against theirs" because your only hope then is to catch them out on the procedure violation.  As TG folks should be painfully aware of the discrimination risks, I think being proactive with record keeping would be a wise move.  It might not help but it's better to have it and not need it, than need it and not have it.
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gennee

Janet, that is a good idea.

Julie, I know there is job discrimination against transgender people but am shocked that it's at 97%. Then again maybe I shouldn't be.

Gennee
Be who you are.
Make a difference by being a difference.   :)

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Dianna

In most States in Australia it is not legal to discriminate re one's gender.

http://www.gendercentre.org.au/pdf/fact-sheets/transgender-discrimination-your-rights.pdf

Of course it still occurs if one is out about being a pre-op or post-op.
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Steph

Quote from: Chrissty on September 22, 2009, 04:06:21 PM
I saw my first building "site rules" document that included a "no transgender descrimination" clause yesterday in the UK.  ;)

More interesting, that 5 out of 5 guys who signed it, knew what it meant.. ;)

...not that it would necessarily make much diference to the way they behave.. :-\

Chrissty

Yep... While it's nigh impossible to change the way people think, you can make them follow rules as long as the consequences for breaking those rules are meaningful and are actually a deterrent.

-=LR}=-
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Julie Marie

Quote from: Ladyrider on October 06, 2009, 11:28:12 AM
Yep... While it's nigh impossible to change the way people think, you can make them follow rules as long as the consequences for breaking those rules are meaningful and are actually a deterrent.

-=LR}=-

And as long as the penalties attached for breaking the rules are enforced.

J
When you judge others, you do not define them, you define yourself.
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