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Why creating a trans-inclusive workplace isn’t just about kindness

25th Oct 2024 | 09:00am

In one of my first professional jobs, it was Randy from accounting who first made me feel safe and welcome as a trans employee

We got paid with paper checks then, tucked in neatly labeled envelopes and left in our office mailboxes every other Friday. When Randy ran payroll, the system spit out a paycheck and an envelope with my legal name on it—a name I didn’t use and didn’t want to see, much less for my colleagues to see. As he matched paychecks with envelopes, Randy slipped my envelope out and replaced it with a new one, which he had printed separately, labeled with the name I use. Every payday Randy took these extra steps so that the legal name on my paycheck didn’t have to show up on my envelope, in my mailbox, or anywhere else that people might see it. 

As a trans person who had not yet changed my name legally, I felt supported and respected. This was the most inclusive way I could imagine this process going. Now, though, I wouldn’t call this a “best practice” for trans inclusion. I’d call it a “beginning” practice. It was a workaround. It was thoughtful, helpful, and certainly better than nothing. But it was an individual fix for a structural problem. The problem was a payroll system that couldn’t accommodate a name for everyday use that differed from the legal name. 

In my DEI consulting work, I speak with many organizations that see trans inclusion in more or less the same way that I saw it in 2008. They want to be “trans friendly,” and they think this means a) being kind, or at least not being hostile and b) implementing some workarounds, like Randy’s swapping out the envelopes. This is a great start! But trans inclusion doesn’t end with interpersonal kindness and workarounds. A trans inclusive workplace should also address the structural issues that create barriers to inclusion in the first place. 

Why trans inclusion isn’t just about kindness

Often, when a trans person experiences exclusion in the workplace, it’s not because anyone is trying to be mean. It’s because everything about the workplace has been designed as if trans people do not exist (and especially that nonbinary people don’t exist). Employers can be much more effective in their DEI efforts, and take some pressure off the Randys of the world, by addressing those design flaws and shaping workplace systems that actually work for everyone.

Trans and nonbinary people have always been part of the workforce, and addressing the barriers that may prevent them from contributing to their full potential is just good sense. Rather than thinking of trans people as a “special population,” with trans inclusion training tacked on as an afterthought, employers should consider trans inclusion as part of a smoothly-functioning workplace overall, and part of a commitment to DEI. And this commitment should also include consideration of race, ethnicity, gender, disability, sexual orientation, and so on. Implementing effective practices for trans inclusion helps not only trans employees, but also many others whose needs happen to overlap with trans people’s (like people who go by their middle name). And of course, everyone benefits from seeing the organization’s commitment to creating a workplace that works for everyone.

Most employers do not collect data on how many employees are trans or nonbinary, but it’s safe to assume your staff already includes trans people. The Williams Institute estimates there are about 1.3 million transgender adults in the U.S., and 1.2 million identify as nonbinary (of whom 42% also identify as trans). This means that trans and nonbinary people together comprise about 1% of the population. Trans people are part of every racial group, every region, and every age group (although trans identity is even more common among youth, with almost 1.5% of teenagers identifying as trans and many more identifying as nonbinary). 

In spite of a 2020 Supreme Court case establishing that workplace discrimination based on gender identity and sexual orientation is illegal, 55% of transgender adults have experienced workplace discrimination, and over 10% have lost a job or been forced to resign because of their gender. In a 2022 survey, the unemployment rate for trans adults was 18%, compared to 3% to 4% for the total civilian workforce. This means that employers are missing out on a vast pool of qualified workers. Taking simple steps to protect employees from harassment and discrimination can remove barriers to hiring, boost retention and productivity, and foster a safer environment for all employees.

A recent surge in anti-trans legislation further highlights the need for active efforts for trans inclusion in the workplace. In 2024, 652 anti-trans bills were introduced in state and federal legislatures, and 45 have passed into law so far. Some of these bills specifically attack workplace rights, and one even seeks to prohibit trans people from using a personal title (such as Mr., Ms., Mrs. etc.) or pronoun (he, she, they, etc.) at work that does not “correspond to their biological sex.” This is ridiculous because, of course, words are not biological. We would not say a doctor could not use the title Dr. because it does not match their birth certificate. 

Even when these bills don’t pass into law (or are later found unconstitutional and not implemented), they can have a chilling effect on trans employees, employees with trans family members, and those who just pay attention to the news. The constant barrage of anti-trans messaging in politics and media can lead people to feel unsafe in their communities, including at work. Employers can support trans and nonbinary team members with some pretty straightforward inclusion practices that let them know they are respected and valued as team members. 

Positive practices for trans inclusion

Some of the anti-DEI messaging that has gained traction of late would have you believe that trans people and other marginalized groups are demanding “special treatment” in the workplace. On the contrary, most DEI efforts are simply about removing the barriers that prevent some employees from being treated as well as their peers. 

In terms of trans inclusion, some examples of basic inclusive practices that any workplace can implement include:

Chosen names: Ensure that applicants and employees have a way to communicate what name they want to be called, if it differs from their legal name. Then, use this chosen name for the employees’ name tags, email addresses, team rosters, and anywhere that doesn’t require a legal name.

Pronouns: Create opportunities for employees to share their pronouns along with their name on name tags, email signatures, team rosters, etc. Sharing pronouns should be optional, because requiring it can sometimes put trans and nonbinary staff on the spot or “out” them unnecessarily. Provide training to help all staff understand the reasons for sharing pronouns and ensure broad enough participation to normalize the practice. This creates a welcoming environment for trans and nonbinary people as well as anyone whose pronouns are often guessed incorrectly (like people whose first name is not clearly gendered or is not English).

Expectation of respect: Communicate a clear expectation that employees treat each other with respect, including calling each colleague the name and pronoun they want to be called. Provide training to help people understand the importance of respecting each other’s genders, and to help them “unlearn” communication patterns they may not realize are disrespectful. Offer coaching and other resources to people who are genuinely trying, but repeatedly making mistakes that are hurtful to others. 

Inclusive benefits: Assess the health insurance, employee assistant programs (EAP), and other employee benefits your organization offers to ensure they are as useful to trans employees (and employees with trans family members) as to anyone else. For example, do the health insurance options include coverage for transition-related medical care and for trans-affirming primary care such as hormone prescriptions? Does the EAP network include providers who are competent and affirming with trans clients? 

IT: Make sure databases and other IT systems work appropriately for trans and nonbinary people. HR systems, internal chats, etc. should have a field for chosen name, and an optional field for pronouns. If there is a “sex” or “gender” field in the HR system, there should be more than two options, and the field should not auto-populate into other systems such as health insurance. Create options for people to choose their own email address upon hire rather than automatically using their first initial of their legal name.

Relationships with outside stakeholders: Have a plan for supporting trans and nonbinary employees in public-facing roles. If needed, support them to develop their own personalized scripts for responding to ignorant or hostile comments from clients, customers, vendors or other non-employees they interact with. Be ready to back them up if they stand up for themselves in appropriate ways (such as by introducing themselves with their name and pronouns). 

Training: Train all employees on trans-inclusive practices for the workplace and for interactions with clients, customers, or other outside contacts. This is not only for the benefit of those outside contacts, but also to take the pressure off of trans and nonbinary employees who might otherwise be called upon as unofficial experts to help their colleagues implement trans inclusive practices.

For workplaces with employees in states that have enacted anti-trans legislation, being  trans-inclusive may need to go beyond the basics. Some employers have created pots of funding to support employees who need to travel to receive medical care. Others, like Indeed, offer financial assistance to help employees relocate if needed. Employers with multiple locations can offer trans people (and parents of trans children) the option to transfer to another location if their local laws are threatening their safety or preventing them from accessing healthcare.

Creating a workplace that’s truly welcoming of trans and nonbinary employees is not that complicated. You can totally do it! But it is more complicated than being “friendly.” By taking the time to understand the barriers and explore proven options for greater inclusion, employers can help everyone feel safe and respected, stay invested in their teams’ success, and focus on the work at hand.