Casey Thomas

6/28/2015
Special Topics Paper
Human Resource Development as a Resource for Transgender Job Applicants
Transgender people in the United States suffer a disproportionate amount of
unemployment, workplace harassment, and discrimination in searching for jobs. In the
United States, workplace protections for transgender people are not federally mandated
and in locales where such protections exist, they are not often enforced. In this climate,
Human Resource Development units within organizations have the opportunity to
contribute to a more equitable society, a more fair workplace, and to benefit from talents
and skills that are largely ignored when held by transpeople.

While there are various definitions that reflect the diverse experiences of many
transgender individuals and communities, for the purpose of this paper, transgender will
be defined as an umbrella term for persons whose gender identity, gender expression or
behaviour does not conform to that typically associated with the sex to which they were
assigned at birth. (McLeod, 2013). For many transgender employees whose physical
appearance does not reflect cultural gender norms, despite their identity, not passing as
the gender which with they identify can be a hurdle. Because many transgender
individuals lack access to the healthcare and financial resources that would allow them to
transition physically if they so desire, passing is not an option for many. An interviewee
with the pseudonym Dee, recounted, They dont get it. If you dont pass, they think you
are some kind of freak, and see a man in a dress. Professionalism is actually really
gendered. You can show up in a pencil skirt and heels, but if you dont look woman

enough to wear it, they dont see you as professional. Youre just a man in a skirt. Its
kind of like they dont think you can adapt, and are doing something weird instead of just
being you. (Dee, 2015)

Apart from the stigma bestowed by a culture where biological sex is often seen as the
sole determinant of ones gender, there are significant logistical hurdles that transgender
employees face in searching for and maintaining employment. For example, hiring
paperwork requires government-issued identification. For transgender people who have
not gone through the process of changing their names, a name associated with a different
gender can out people during the hiring process. All transgender people do not live in
states that allow identification that reflects transpeoples genders. Even the process of
obtaining identification can be demoralizing. In Transgender People: Practical Advice,
FAQs, and Case Studies, Fiona McLeod said of an interviewee "When I showed them
the birth certificate, the clerk behind the counter changed her demeanour and very loudly
referred to me as 'sir' and 'this gentleman'," says Ms Prinzivalli, who has lived as a
woman for more than a decade. "It was a mortifying experience. I'm being stripped of my
identity by some [motor vehicle] clerk that I have to treat respectfully. It took me days to
start crawling back up out of the little hole I dug myself." (McLeod, 2013) Because
transgender is a concept that is new to many in the U.S., stigmatized, and there are people
who have difficulties with personal boundaries, identification materials that do not match
ones gender identity can also lead to uncomfortable questions about genitals, surgeries,
hormones, and identity during job-searches. Patricia Harrington stated, It's personal, it's
my privates, it's not necessary. (McLeod, 2013)

Apart from the documentation required in a job-search, processes that are routine for cispeople (people whose biological sex matches their assigned gender), such as referencechecks can be another hurdle for transpeople. If they have recently transitioned, or were
not out at their previous place of employment, a reference check might inadvertently out
someone. Alternately, a reference might not know that an applicant has transitioned and
ask for a reference using a name their previous employer is not familiar with. This could
lead hiring managers to believe transgender applicants were lying about their previous
employment, or involve transgender applicants outing themselves during a hiring process.
An interviewee using the pseudonym Imogen saidI have a college education, years of
experience in food service and community service, and it took me forever to find a job.
My parents support me, but thats not true for a lot of transwomen. I feel like I have to
look in queer-friendly, or specifically LGBT-oriented nonprofits, which also can be really
transphobic. Still, theyll know Im not lying if all my references dont know my name.
For me, I just havent called everyone I used to work with and dont really want to talk to
a lot of them, it can be a safety issue. You dont need everyone in the world knowing
youre trans, especially if you dont have community and social support. What if you
used to work with someone whos a violent, transphobic jerk? And now, like, you have to
call them and tell them youre trans? No.

In hiring processes where a transgender applicant does not wish to be out, a reference
check can create a particularly vulnerable situation. In the United States, when not
obliged by civil rights laws or collective bargaining, employers can hire and fire

applicants at will. (Ellis and Riggle, 1996) Even if a transgender applicant could prove
that discrimination played a role in a hiring decision, being transgender is not a protected
status in employment discrimination. Interviewee Dee said Some people sue for
discrimination against a woman for her gender expression, but it doesnt usually work.
Also, you usually have to misgender yourself in court to get it to stick. And even then, its
not like were suing for millions.

McLeod suggested practices for businesses to become more trans friendly. They included
mak(ing) sure that transgender is covered explicitly in your equality and diversity
statement, or better still, that there is a separate statement covering it. (McLeod, 2013)
This would not be different than the postings that explicitly encourage women and
minorities to apply. Another suggestion was to develop trans policies and practices to
support your statement and promote inclusivity. (McLeod, 2013) Because many issues
transgender applicants deal with in job-searches are specific to transgender experiences,
trans-specific language may be a useful tool for diversity policies to have. She also
suggested workplaces develop a greater involvement in diversity generally. (McLeod,
2013) This is important because it creates a workplace culture of expecting to
intentionally invest effort in diversity and equity, so that when transgender applicants are
in a hiring process, the situation is not perceived as having to take unusual and extra steps
for a candidate. While there is a long way to go before transgender rights are recognized
on federal and state levels in the workplace, extending equal opportunity for employment
to transgender people is the decent thing to do.

Dee, Personal Interivew, June 28, 2015.

Ellis, Alan L; Riggle, Ellen D (1996-01-09). Sexual Identity on the Job: Issues and
Services Taylor and Francis. Kindle Edition.
Imogen, Personal Interview, June 22, 2015.
McLeod, Fiona; Des McCabe (2013-02-28). Transgender People - Practical Advice,
FAQs and Case Studies (Equality and Diversity, Discrimination and Sexuality) New
Activity Publication. Kindle Edition.