Oct. 6, 2017 "Ensuring proper accommodation for transgender workers": Today I found this article by Justin Laurier in the Globe and Mail:
Justine Laurier is a partner, labour and employment law, at Borden Ladner Gervais LLP.
Transgender, gender identity, gender expression and sexual diversity. Hardly a week goes by where we don't hear one or more of these words featured in news reports. Issues relating to the transgender community are becoming more relevant and prevalent in political and judicial arenas, as well as with regards to the job market.
In 2017, New Brunswick became the last province to enact explicit legislative protections against discrimination on the basis of either gender identity, gender expression or both, which unequivocally affirms that discrimination toward transgender people is prohibited.
The federal government has recently done the same by adopting Bill C-16, which added direct protections on the basis of both gender identity and gender expression to the Criminal Code and the Canadian Human Rights Act.
Both the federal and provincial human rights legislation grant protection to trans employees and job candidates. First, there are provincial human-rights charters or codes across the country that generally prohibit employers from practising any form of discrimination based on gender identity or gender expression in the employment context – including hiring, training or promoting individuals – or terminating a trans person's employment on either of these grounds.
Employers have the duty to accommodate all employees, including trans employees, and treat them without discrimination on the basis of sex, gender identity or gender expression.
Employers must also ensure their employees' rights to privacy, confidentiality and dignity are respected. This duty generally requires an employer to adjust, modify or adapt an employment standard or task so the employee can perform their job.
However, the duty to accommodate can be limited when it amounts to undue hardship, which is assessed with regards to the financial and/or organizational impact the accommodation measure will have on the employer.
Tips for employers
When it comes to accommodating a transgender employee in the workplace, there are certain issues that can be anticipated. The employer must always work toward minimizing any barriers that might be present and curtailing their negative effects for the employee.
Prevent harassment
This may seem obvious: ensure the workplace is inclusive and free of harassment. Keep in mind that provincial labour standards laws in Canada protect every employee from psychological and sexual harassment on the job. Effective measures to prevent harassment include establishing an anti-harassment policy and raising awareness among employees about issues related to sexual diversity and inclusion.
Name changes
A transgender employee may request a name change at work. An employer must respect a request for a name change when an employee's name is legally changed. This includes changing the employee's name in all records where the law so requires, including documents related to payroll and any professional order.
However, an employee might request a name change at work before obtaining a legal name change. An employee's gender identity and chosen name should be respected and used without any regard for any medical or surgical treatments or any legal or medical document "certifying" their gender identity or expression. Except where legally required, it is essential that the employer only use the employee's former name to refer to them until the employee is ready to disclose their new identity at work.
Gender-segregated areas and activities
Policies regarding washrooms, locker rooms or any other "gender-segregated" locations or activities may also need to be addressed during the accommodation process. To the extent that this is possible, employees should have access to services, facilities and activities that correspond to their gender identities. A solution with regards to facilities could be to designate washrooms and locker rooms as gender-neutral and remove any "gender-based" signage from their doors.
Medical appointments
It is also foreseeable that an employee may need to be absent more often than usual for medical appointments, depending on whether or not they're undergoing medical treatment or surgical procedures. It's a good idea to work with the employee to plan for any leaves in order to adapt the employee's work schedule if necessary and mitigate any effects of these leaves.
It is essential that employers be pro-active and conciliatory in accommodating and including trans employees. Employers should try to anticipate reasonable requests for accommodation and any potential issues that could be associated with such accommodation.
Respect, confidentiality, open-mindedness and co-operation should be the keywords that guide employers in developing their approaches for addressing the concerns of transgender employees going forward.
Aug. 25, 2018 "After gender transition, a woman in the workplace sees how the other half works": Today I found this article by Harvey Schachter in the Globe and Mail:
In 1959, white journalist John Howard Griffin underwent treatments that temporarily darkened his skin pigment, allowing him to understand the discrimination faced daily by black people in the U.S. South. His powerful, influential book about the experience, Black Like Me, sharpened my understanding of racial injustice.
I thought of it recently while reading Transitioning in the Workplace: A Guidebook, which tells of how male executive and physician David Pizzuti opted to transition to female in 2015 while continuing to work as vice-president of global regulatory affairs at a major U.S. pharmaceutical firm. After five decades, she wanted to find and be her true self. But an unexpected result was that as Dana Pizzuti she lost David Pizzuti’s “male privilege” – and, like Mr. Griffin, she saw firsthand the problems others faced.
For Ms. Pizzuti, unlike Mr. Griffin, the change was permanent. And she noted in an interview that while Mr. Griffin was an impostor as a black man, she was an impostor before her transition – as a man. “This is who I truly am. I am not playing a role,” she said.
Putting aside those distinctions, Ms. Pizzuti’s transition, like Mr. Griffin’s, is an unusual way of revealing truths, in this case about the workplace.
Male privilege is something men don’t see; like fish, we blissfully swim in the waters that naturally surround us. David Pizzuti didn’t see it; only as Dana Pizzuti was it revealed. “I didn’t face what a woman faces climbing up the ladder,” she said. It was simply easier for David than it would have been for Dana, even with the same acumen and skill set.
She views male privilege as an unconscious bias that favours men and their abilities, giving them an easier path to success. “I didn’t think about male privilege as I always had it. I never realized I was gaining an advantage because of my gender.
But now I see there is a lot of frustrations for female junior executives on how to compete – how to be aggressive without being viewed negatively. It is hard for them to navigate how aggressive to be in a situation,” she said. Although not someone who yells, she has experienced how being aggressive is praised in a man and viewed as negative in a woman.
Ms. Pizzuti has fumbled in particular with the ephemeral notion of “executive presence,” which can make or break a career. It has something to do with bearing, voice and conveying authority. As a man, it came naturally. As a woman, it has been a struggle, even though she is essentially the same leader. When transitioning, she worked with a voice coach to find a female pitch that would be suitable. But the attempts seemed a bit falsetto and less credible.
Many women, she notes, find they need to develop a different pitch when making a presentation than when chatting informally with friends.
Even though her team’s performance remained excellent after the transition and subordinates were happy with her leadership, her own performance reviews see-sawed.
She was told at one point that although the organization could not identify the problem, something was missing. Perhaps that something was maleness. Eventually, after losing out on a promotion, she left to become senior vice-president of regulatory affairs and clinical compliance for Rigel Pharmaceuticals, based in San Francisco.
Her advice to companies is to recognize that these biases exist. In particular, be tougher on yourself in hiring. In most industries, it’s easy to get a list of capable if not enticing male candidates. Don’t rush to pick. Instead, work hard to develop a balanced pool, with top-notch female candidates.
And when women are hired, make sure there is support, including workplace groups where gender issues are discussed and male executives – including senior officials – take part in listening and learning.
When Ms. Pizzuti came out, women in that firm had been planning to form such a resource group and asked her to sponsor it. She was cautious and suggested that might be a mistake. “You’re perfect,” she was told. “You have seen it from both sides.” And that’s why, as with John Howard Griffin, we should pay special attention to the message.
Cannonballs
- A key reason people don’t enjoy work, says trainer Dan Rockwell, is they feel powerless to make things better. How could you change that in your workplace?
- Consultant Vadim Liberman says that with a hot job market, workers are increasingly “ghosting” jobs by blowing off interviews or accepting jobs but not showing up for work. He says companies had it coming. It’s the Copper Rule: Be as rude to others as they are to you.
- While struggling to make transparency transparent – it’s a fuzzy concept – James Everingham, head of engineering at Instagram, came up with these four components:
- clear and consistent communication,
- clarity on how decisions are made,
- honest and clear feedback,
- and admitting when we are wrong.
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