Gender Virtualization - Biology and The Bathroom - The Touchy Issues in Gender Transitions

Gender Virtualization Biology and the Bathroom The Touchy Issues in Gender Transitions
2012 Out & Equal Workplace Summit Baltimore, Maryland

Riya Suising November 1, 2012
This presentation is posted at http://bit.ly/RrYN1a
Copyright (C) 2012 Riya Suising 1
Objectives
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Understand biological issues relevant (or irrelevant) to a gender transition Understand laws and policies regarding gender transitions and facilities usage Prepare yourself with frameworks and examples to
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Achieve successful gender transitions Successfully include the transgender community

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as an employer / business as an individual
Create your own policies to respect and protect the entire community, following best practices
Expectations
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Disclaimer: This workshop is NOT

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A basic gender identity / transition course A complete gender transition guide An official guide to all laws / policies
Author is not a Legal/HR professional or licensed gender specialist

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Consult with your own HR or Legal Counsel
This workshop can help by:

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Providing frameworks and examples Sharing best practices

Gender Definition
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What defines Male?
What defines Female?
Copyright (C) 2012 Riya Suising
Gender Definition
From Traditional Definition:
Male
or
Female
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To Multi-Dimensional Definition: M or F Biological / Anatomical Status M or F Self Identity or Inner feeling M or F Outward Expression or Appearance Prefers M or F Sexual Orientation, toward others
Framework from Amanda Simpson, Raytheon
Transgender Definition
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Someone whose self-identity differs from their assigned gender. May include:
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Crossdresser Transitioning individual with surgery

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Male to Female Female to Male
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Transitioning individual without surgery Gender-variant individual

Keith Patron Charged With Hate Crime For West Third Street McDonald's Attack
9/19/2012 Greenwich Village n Transgender woman's friend harassed for trying to use women's restroom n 300-pound man followed pair outside and slashed woman's friend in elbow, face, back, and neck n Attacker turned himself in after recognizing self in police video
Source: http://www.huffingtonpost.com/2012/09/25/keith-patron-charged-hate-crime-west-third-street-mcdonalds_n_1913654.html Copyright (C) 2012 Riya Suising 7
Premise for Gender Identity

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Gender historically defined based on a person's genitalia, assigned by doctor at birth Gender changes allowed, with GSR/SRS (gender/ sex reassignment surgery) in many cases Gender change policies evolving to not require GSR/SRS or hormonal therapy, yet supporting when medically necessary Gender definition evolving towards one's identity, not one's biological status
PRIDES Identity Framework

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Privacy and Public Presentation Respect and Recognition Intent Documents & Records Everyday Laws & Policies Support
Privacy Biological and Medical Status

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Typical Gender Transition Process

Typical, traditional process, but not all steps followed by everyone: n Individual consults and receives authorization from therapist and doctor (years) n Announces to family and friends n Announces to employer
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Real-life experience (1-2 years) Hormonal treatment (continues for years) SRS (Sex Reassignment Surgery) Records changed in employer Other records changed
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Manager, HR, Legal first Co-workers, rest of company, customers next
Resume life, always watchful for discrimination
Birth certificate, name, government IDs, transcripts, etc. everything
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Many Surgery Options

Male to Female: n Orchiectomy Removal of testicle(s) n Penectomy Removal of penis n Vaginoplasty Plastic surgery of vagina n Clitoroplasty Plastic surgery of clitoris n Labiaplasty Plastic surgery of labia n Chest/Breast Reconstruction n Facial Feminization Surgery (FFS) Female to Male: n Hysterectomy n Salpingo-Oophorectomy n Vaginectomy n Metoidioplasty
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Phalloplasty Scrotoplasty Urethroplasty Testicular Protheses Mastectomy
Removal of uterus Removal of fallopian tubes and ovaries Removal of all or part of vagina Alternative to phalloplasty. Enlargement of clitoris to serve as the penis. Plastic surgery of the penis Plastic surgery of the scrotum Plastic surgery of the urethra Restoration or implantation of one or both testes Removal of the breast
Many Issues with Surgery Cost, Insurance Coverage, Necessity,
WPATH Standards of Care

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WPATH Standards of Care (SOC) Version 7 (Sept. 25, 2011)

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http://www.wpath.org
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Flexible Clinical Guidelines for health professionals for Transsexual, Transgender, and Gender Nonconforming people "The latest 2011 revisions to the SOC realize that transgender, transsexual, and gender nonconforming people have unique health care needs to promote their overall health and well-being, and that those needs extend beyond hormonal treatment and surgical intervention, SOC Committee Chair, Eli Coleman, PhD. This document recognizes that well-being is not obtained through quality health care alone but a social climate that eliminates of prejudice, discrimination, and stigma and promotes a positive and tolerant society that embraces sexual and gender diversity. Hormone therapy must be individualized based on a patient's goals Sex Reassignment Surgery Is Effective and Medically Necessary
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While many transsexual, transgender, and gender nonconforming individuals find comfort with their gender identity, role, and expression without surgery.
The World Professional Association for Transgender Health (WPATH), formerly known as The Harry Benjamin International Gender Dysphoria Association (HBIGDA) Copyright (C) 2012 Riya Suising 13
Private vs. Public?

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Medical Issues Medical History Physical Body Characteristics Personal Issues Personal Data Name Gender Identity
CASE - Transgender Woman Settles DMV Suit

August 16, 2011|Bob Egelko, Chronicle Staff Writer (08-15) 17:01 PDT -- A transgender woman who went to the Department of Motor Vehicles in San Francisco to record her sex change - and then got a letter from a DMV clerk saying homosexual acts were "an abomination that leads to hell" will receive a $55,000 legal settlement, her lawyers said Monday. Attorneys said Amber Yust's settlement includes $40,000 from the state and $15,000 from Thomas Demartini, who was suspended with pay by the DMV shortly after the incident and quit his job in December. "This suit promotes the privacy rights of all Californians by ensuring that confidential information retained by our government stays confidential," said attorney Christopher Dolan, who filed the Superior Court case in December. The department also agreed to work with the Transgender Law Center on staff training, said Kristina Wertz, legal director of the center.
Source: http://articles.sfgate.com/2011-08-16/bay-area/29891260_1_transgender-woman-amber-yust-dmv
Public Presentation - Name

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Who Are These People?

Name Terry Gene Bollea Stanley Burrell Stanley Dunham Marion Morrison Sean Young Cameron Diaz Gender?
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Nicknames (Preferred Name)

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Example at Hi-tech Company

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Legal Name = Wong, Chang Rui Desired Nickname = Charlie Outlook Address Book = Wong, Chang Rui Outlook Email Address = chang.rui.wong@company.com Badge Name = Chang Rui Wong Employee Record = Wong, Chang Rui Outlook Address Book = Wong, Charlie Outlook Email Address = charlie.wong@company.com Badge Name = Charlie Wong (or reasonable variation) Employee Record = Wong, Chang Rui (Charlie)
Default Employee Identity

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After Self-Update to Employee Record

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Very Helpful to Support Nicknames or Preferred Names in Workplace

Lawmaker defends comment on Asians

http://www.chron.com/disp/story.mpl/front/6365320.html
Call for voters to simplify their names not racially motivated, Terrell Republican says
Outrage from Texas state rep. Betty Brown stating, Asian-descent voters should adopt names that are easier for Americans to deal with. (4/9/2009) Intent - to overcome problems in identifying Asian names for voting purposes. Basic issue Confirming identities via legal names vs. common / nicknames
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Respect & Recognition

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California Assembly Bill (AB) 196: The Gender Non-Discrimination Act of 2003
AB 196 will prohibit discrimination in housing and employment based on gender identity and expression. AB 196 clarifies for the purposes of California's Fair Employment and Housing Act (FEHA) that discrimination in housing and employment based on "sex" includes discrimination based on gender. AB 196 adopts the definition of gender in California's Penal and Education Code, which includes a person's "identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with the person's sex at birth.
Source: http://www.eqca.org/atf/cf/{687DF34F-6480-4BCD-9C2B-1F33FD8E1294}/factsheet_ab196.pdf Also see: http://www.transgenderlawcenter.org/pdf/AB%20196%20Fact%20Sheet.pdf
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2 More CA Bills for Transgender Support (2011)

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AB 433 Vital Statistics Modernization Act

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Easier process to obtain and update birth certificates or court-ordered gender change Only provide medical documentation from doctor stating undergone clinically appropriate treatment Adds Gender Identity and Expression as protected category Strengthens employment, housing, and civil rights protections for all Californians, especially transgender people
AB 887 Gender Nondiscrimination Act

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Source: http://www.huffingtonpost.com/2011/10/10/california-transgender-laws_n_1004109.html and http://www.advocate.com/News/Daily_News/2011/10/10/California_Governor_Signs_Several_LGBT_Bills/

Gender Identity and Expression Protection

2011 data: n US Jurisdictions with laws prohibiting discrimination on basis of gender identity or expression: n States: 13 + D.C.
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California, Colorado, Hawaii, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington
Cities and Counties: 109

Source: http://www.transgenderlaw.org/ndlaws/index.htm#jurisdictions
Landmark EEOC Ruling Protects Transgender Employees

4/24/2012 n US EEOC ruled that discrimination against employees or potential employees on Gender Identity is discrimination on Sex n Violation of Title VII of Civil Rights Act of 1964
Transgender Law Center filed complaint for Mia Macy Job applicant for ballistics technician at CA lab of ATF Highly qualified but denied job after disclosing transition during hiring process
Source: http://www.huffingtonpost.com/2012/04/24/transgender-employees-anti-discrimination-law-eeoc-_n_1449282.html
U.S. Office of Personnel Management

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Formal guidelines created for supporting transgender individuals in federal workplace

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Confidentiality and Privacy, Dress and Appearance, Names and Pronouns, Sanity and Related Facilities, Recordkeeping, Insurance Benefits
Source: http://www.opm.gov/diversity/transgender/
Workplace Guidance for Transgender Individuals

Names and Pronouns: Managers, supervisors, and coworkers should use the name and pronouns appropriate to the employee's new gender. Further, managers, supervisors, and coworkers should take care to use the correct name and pronouns in employee records and in communications with others regarding the employee. Continued intentional misuse of the employee's new name and pronouns, and reference to the employee's former gender by managers, supervisors, or coworkers may undermine the employee's therapeutic treatment, and is contrary to the goal of treating transitioning employees with dignity and respect. Such misuse may also breach the employee's privacy, and may create a risk of harm to the employee.
Source: http://www.opm.gov/diversity/Transgender/Guidance.asp
CASE - TSA Worker Fired from Job

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In July 2010, transgender employee Ashley Yang fired for using women's restroom Managers forced Yang to present as male
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Coworkers and passengers recognized her as female Employer recognized her as male, although hired her as female
Lawsuit filed for sex discrimination under Title VII of Civil Rights Act
Source: http://www.advocate.com/News/Daily_News/2011/08/05/TSA_Workers_to_Undergo_Sensitivity_Training/
CASE - Transgender Man Challenges Firing From Male-Only Job

By Natalie Hrubos on April 19th, 2011 A job discrimination suit recently brought under the New Jersey Law Against Discrimination ("NJLAD) challenges an employer's decision to terminate a transgender man from a male-only position. Urban Treatment Associates in Camden, New Jersey, hired El'Jai Devoureau as a part-time urine monitor, but terminated him after his supervisor discovered that his assigned sex at birth was female. Mr. Devoureau's position required him to supervise men providing urine samples for drug tests. Mr. Devoureau is a transgender man; while his assigned sex at birth was female, his gender identity and expression is male. Urban Treatment Associates argues that gender is a legitimate job qualification for a urine monitoring position and that Mr. Devoureau is not qualified to monitor men because he was assigned female at birth. Mr. Devoureau is not disputing his former employer's claim that a female individual is not qualified to monitor men providing urine samples. Rather, Mr. Devoureau's position is that he is a male individual and therefore qualified for the male-only job. He alleges that the drug treatment center discriminated against him based on his gender identity and expression.
Source: http://www.gtleblog.com/2011/04/19/transgender-man-challenges-firing-from-male-only-job/
Intent
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Intent of the Individual?

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Serious commitment to living full-time in preferred gender?
Portrayal of different gender while retaining original gender?
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Intent of the Employer/Business?

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Support transitioning individual or isolate? Support surrounding employees and groups for transitioning employee or against? Create policies and benefits to increase support or decrease? Follow/exceed non-discrimination laws or find loopholes for exemptions?
Documents & Records

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Changing State and Federal ID's for Gender Transitions

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California DMV Drivers License & ID Card

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Form DL 329 Gender Change Form DL 44 Application for Drivers License or ID Card http://www.transgenderlawcenter.org/pdf/TLC%20ID%20Guide.pdf http://www.nctequality.org/Issues/federal_documents.html Form SS-5 Form DS-5504 (name change, data correction, etc.) for passports < 1-yr old
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Federal Documents (US Passport & SSA)

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SSA
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US Passport
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http://www.travel.state.gov/passport/forms/ds5504/ds5504_2663.html http://travel.state.gov/passport/forms/ds82/ds82_843.html http://www.tsroadmap.com/reality/passport.html

Form DS-82 (usually with name change)

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1-yr temporary; 10-yr permanent after SRS

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CA DMV Form DL 329

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Simple form for gender change

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Separate form DL 44 for name change
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SRS not required Only authorization by licensed physician
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Online Advice Helps Doctors Treat Transgender People
Source: http://project-health.org/transline/
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Interactive Map on Driver's License Policies by State
Source: http://transequality.org/Resources/DL/DL_policies.html
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US Passport Gender Change

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New Rule effective June 10, 2010

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http://www.state.gov/r/pa/prs/ps/2010/06/142922.htm
Beginning June 10, when a passport applicant presents a certification from an attending medical physician that the applicant has undergone appropriate clinical treatment for gender transition, the passport will reflect the new gender. The guidelines include detailed information about what information the certification must include. It is also possible to obtain a limited-validity passport if the physician's statement shows the applicant is in the process of gender transition. No additional medical records are required. Sexual reassignment surgery is no longer a prerequisite for passport issuance. A Consular Report of Birth Abroad can also be amended with the new gender. As with all passport applicants, passport issuing officers at embassies and consulates abroad and domestic passport agencies and centers will only ask appropriate questions to obtain information necessary to determine citizenship and identity. The new policy and procedures are based on standards and recommendations of the World Professional Association for Transgender Health (WPATH), recognized by the American Medical Association as the authority in this field. Guidelines for medical certification: http://www.state.gov/documents/organization/143160.pdf
Gender Marker on ID
Can you discern this person's biological status or original gender? Does this person's biological status matter?
Image Source: Wikipedia (http://en.wikipedia.org/wiki/File:Pasaporte-eua.jpg)

US SSA Ends Gender NoMatch Letters for Employees

9/21/2011 - The Social Security Administration (SSA) has confirmed that it has ended the practice of allowing gender to be matched in its Social Security Number Verification System (SSNVS). This will result in the immediate cessation of SSA sending notifications that alert employers when the gender marker on an employee's W-2 does not match Social Security records. The ending of the notifications, or "gender no-match" letters, will help provide a level of privacy and protection from discrimination for transgender employees.
Source: http://www.huffingtonpost.com/waymon-hudson/social-security-ends-gender-no-match_b_966654.html Also see: http://transequality.org/Resources/NoMatch_employees.pdf (2008)

Australia's Gender-free Passports

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Gender to be listed as Male, Female, or Indeterminate SRS not required for gender change in passport
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A letter from a medical practitioner certifying that the person has had, or is receiving, appropriate clinical treatment for gender transition to a new gender, or that they are intersex and do not identify with the sex assigned to them at birth, is acceptable.
Source: http://lgbtweekly.com/2011/09/22/australia-introduces-transgender-option-on-passports/
UK's Gender-free passports

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9/19/2011 - U.K.'s Home Office proposing to allow neutral gender in passports

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Sex box could be marked M, F, or X
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For transgender and intersex people Passport application to indicate Parent One and Parent Two alongside mother and father
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Similar to new U.S. Passport application Mother/Father/Parent field

Source: http://www.telegraph.co.uk/news/uknews/8772963/Sex-free-passports-for-transgenders.html
Dutch Law Still Requires Hormones and SRS for Gender Change
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9/13/2011 Human Rights Watch published 85-page report, Controlling Bodies, Denying Identities: Human Rights Violations Against Trans People in the Netherlands
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Reported documented impact of 1985 law on transgendered people
HRW pushing to repeal requirement for Irreversible Surgery to Change Official Gender HOWEVER - UK, Spain, Portugal removed SRS requirements for Gender Change
Source: http://www.hrw.org/news/2011/09/13/netherlands-transgender-law-violates-rights
Everyday Laws & Policies Bathrooms and Facilities

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Transgender Workplace Diversity: Policy Tools, Training Issues and Communication Strategies for HR and Legal Professionals by Jillian Weiss
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Julienne Goins vs. West Group (11/29/2001)

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State of Minnesota in Supreme Court
Lawsuit claims employer's segregation of restroom by biological gender discriminated against her on sexual orientation Suit lost not sexual orientation
Some employers still choose to segregate restrooms based on biological gender

Other source: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=MN&vol=sc\0111\cx00706&invol=1
Restroom Policies
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Common Practice - Employers try to segregate restrooms based on biological gender

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But how to determine person's biological status? Should we segregate according to:
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Appearance? Self-reported internal gender identity? Gender marker on ID? Specific biological details?
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How to obtain/confirm details? How much is male? or How much is female?
How to communicate policy and enforce?
Companies are moving toward a Gender Identity-based segregation of restrooms and enforcement of appropriate behavior.
CASE - Cruzan v. Special School District

(6/20/2002)
Federal Appeals Court Rejects School Teacher's Lawsuit Seeking To Keep Transgender Employee from Bathrooms
MINNEAPOLIS -- A federal appeals court today said a Minneapolis public school met its legal obligation by giving alternate restroom options to a teacher who did not want to use the same facilities as a male-to-female transgendered employee, in what the American Civil Liberties Union called a "watershed victory" for the rights of transgendered people. Southwest High School teacher Carla Cruzan complained that allowing transgendered library employee Debra Davis to use the women's bathroom violated Cruzan's religious freedom and created a hostile workplace based on sex. As a result, the school provided Cruzan with ready access to several other bathrooms, including single-person facilities and other women's restrooms. Unsatisfied with the school's accommodation for her, Cruzan asked a federal court to block Davis from using the women's restrooms at school. She lost and appealed to the U.S. Court of Appeals for the 8th Circuit, in St. Louis. Source: http://www.aclu.org/lgbt/transgender/11837prs20020620.html Also see: http://openjurist.org/294/f3d/981/cruzan-v-special-school-district

Sanitary and Related Facilities: The Department of Labor's Occupational Safety and Health Administration (DOL/OSHA) guidelines require agencies to make access to adequate sanitary facilities as free as possible for all employees in order to avoid serious health consequences. For a transitioning employee, this means that, once he or she has begun living and working full-time in the gender that reflects his or her gender identity, agencies should allow access to restrooms and (if provided to other employees) locker room facilities consistent with his or her gender identity. While a reasonable temporary compromise may be appropriate in some circumstances, transitioning employees should not be required to have undergone or to provide proof of any particular medical procedure (including gender reassignment surgery) in order to have access to facilities designated for use by a particular gender. Under no circumstances may an agency require an employee to use facilities that are unsanitary, potentially unsafe for the employee, or located at an unreasonable distance from the employee's work station. Because every workplace is configured differently, agencies with questions regarding employee access to any facilities within an agency should contact OPM for further guidance. Source: http://www.opm.gov/diversity/Transgender/Guidance.asp
CASE - Student in Maine

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Wyatt (boy) started identifying as girl at age 3 Wyatt changed to Nicole at 5th grade, with legal name change Superintendent assigned Nicole to staff bathroom instead of girls' restroom Eyes-on policy for Nicole, endorsed by Maine Administrators of Services for Children with Disabilities, but burdensome Complaints and suits filed on discrimination
Source: http://bangordailynews.com/2011/09/02/news/bangor/transgender-in-maine-one-family %E2%80%99s-effort-to-educate-the-public-and-help-their-daughter/

Maine Lawmakers Reject Transgender Bill

(Bill to restrict transgender usage of restrooms)
06/08/2011 Reported By: Susan Sharon A bill that would have amended the Maine Human Rights Act and repealed existing protections for transgender people accessing public restrooms, locker rooms and showers has been rejected by both the House and Senate. The sponsor said he was only trying to protect the everyone's privacy by allowing schools and businesses to adopt their own bathroom gender policies. But opponents characterized the bill as mean-spirited, unnecessary and potentially dangerous to transgender people. Fredette's bill sought to take away transgender people's right to sue for discrimination over use of public accommodations, and allow schools and businesses to adopt policies restricting bathroom use to a biological sex. In the absence of such policies, transgender people would have to assume that they should choose a facility that corresponds with their biological sex.
Source: http://www.mpbn.net/Home/tabid/36/ctl/ViewItem/mid/3478/ItemId/16700/Default.aspx
University students push for gender-neutral washrooms

Updated: Sun Oct. 16 2011 09:46:40 The Canadian Press WINNIPEG Students at some universities on the Prairies are pushing for gender-neutral washrooms for transgendered people who don't feel comfortable having to choose between bathrooms for men or women. Those behind the idea say transgendered people are often harassed, bullied or embarrassed no matter which bathroom they choose. They even suggest that the prospect of having to pick a gender-specific bathroom can lead to health issues since many ignore the call of nature until they can find a suitable bathroom.
Source: http://winnipeg.ctv.ca/servlet/an/local/CTVNews/20111016/gender-neutral-washrooms-prairieuniversities-111016/20111016/?hub=WinnipegHome
UCLA Considers Coed Dorm Rooms for Transgender Students

10/14/2011 Intended to better accommodate transgender students, as some other universities already have, including UC Berkeley and Stanford University, said Office of Residential Life director Suzanne Seplow. Seplow stressed that UCLA students would never be forced to room with a student of the opposite gender.
Source: http://www.washingtonpost.com/national/higher-education/ucla-considers-allowing-coed-dorm-rooms-tobetter-accommodate-transgender-students/2011/10/14/gIQA3ksGjL_story.html
Grinnell College dorms: Where gender doesn't matter

10/22/2011 Male, female, transgender, no gender, gay, lesbian, straight. Labels don't matter at Grinnell College. Students can share a dormitory room, bathroom, shower room or locker room with any of the above, if they choose. This fall, the progressive private liberal arts college on the Iowa prairie added a gender-neutral locker room to its mix of gender-neutral dormitory options. A couple decades ago, colleges were expected to behave as parents, said Andrea Conner, director of residence life and orientation. Today we are treating students like adults and letting them make their own decisions. Some students are not comfortable with the binary of the sexes and are analyzing their identity on a gender spectrum that can vary widely.
Source: http://www.desmoinesregister.com/article/20111023/LIFE/310230045/1110/OPINION03/?odyssey=nav|head
Transgender Customer Denied Restroom Access

9/17/2012 n Transgender customer, identifying as woman, taking hormone therapy medications, changed name from Norman to Norma n Customer denied use of women's restroom and filed complaint against Legends bar n Legends staff claim they have no issue with Norma's transgender identity is OK n It's the fact that she's still a boy and she wants to go in the woman's restroom and use the woman's room with the stall opened, with her skirt hiked up and standing up, like a guy would, and that makes it kind of an issue. n Norma I was not comfortable going into the men's room because I don't trust some of these guys in the bars n HRC stated no specific state law regarding transgender individuals and restroom use
Source: http://www.nwcn.com/news/washington/170133966.html
Support
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Chicago Suburb on the Fence for Transgender Rights

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10/16/2012 - The East Aurora school board voted to unanimously approve a policy that affects transgendered students Monday night.
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10/20/2012 - Aurora School Board Repeals Transgender Protections

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Transgendered and gender nonconforming students have the right use the restroom that corresponds to their gender-related identity that is consistently asserted at school. The student has the right to be addressed by the name they want to be called, too. http://beaconnews.suntimes.com/news/15766853-418/east-aurora-okstransgender-policy.html New policy rescinded just 4 days after approval Anti-LGBT organization Illinois Family Institute raised strong opposition Most families at Friday's school board meeting supported the new policy School board citing failure to follow official protocols in introducing policies http://www.huffingtonpost.com/2012/10/20/aurora-school-boardrepea_n_1992394.html http://beaconnews.suntimes.com/news/15983600-418/after-transgenderflap-east-aurora-trying-to-form-new-policy.html
10/26/2012 - After transgender flap, East Aurora working to form alternative policy
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Illinois Relaxes Requirements For Transgender Identity Documentation

10/24/2012 n Transgender people can obtain new birth certificates reflecting their identified gender without undergoing genital reconstruction surgery. n Illinois Department of Public Health will still require trans people to undergo at least some form of surgery
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including double mastectomy, hysterectomy, orchiectomy [removal of testicles], or facial feminization surgeries.
The specifics of the required procedures are left up to the individual's physician.
http://thinkprogress.org/lgbt/2012/10/24/1080691/illinois-relaxes-requirements-fortransgender-identity-documentation/?mobile=nc
Source:
TranSquat App
Available from Apple, TranSquat is a gender-neutral bathroom finder that locates bathrooms that are gender free, in relation to the users location.
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Written by and for the transgender community ~4000 locations listed in US, Canada, UK Add/share new locations Powered by nationwide Safe2Pee directory for gender-neutral bathrooms
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Source: http://www.passportmagazine.com/blog/archives/17717-new-app-for-the-transgender-community.html
Summary
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PRIDES Identity Framework supports Gender Identity

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Privacy & Public Presentation Respect & Recognition Intent Documents and Records Everyday Laws and Policies Support
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SRS and Hormonal Therapy are disappearing from ID gender change requirements replaced by Appropriate Clinical Treatment Restrooms can be segregated, but best by gender identity Enforce appropriate behavior for Everyone
Gender is more about the Identity vs. the biological status of the individual
Helpful Workshops at this Summit on Gender Identity / Transition

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Session 1 Tue, Oct. 30, 1:30-3:00pm

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Transgender Benefits the Business Case, Benefit Design and Implementation Transition Guideline Development: Revisited One Year Later Beyond Binaries: Identity and the Sexuality Spectrum
Session 2 Tue, Oct. 30, 3:30-5:00pm

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Session 3 Wed, Oct. 31, 11:00am-12:30pm Session 4 Wed, Oct. 31, 3:30-5:00pm
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Representing the Voiceless: Bringing Transgender Education to the Workplace Gender Virtualization: Biology and the Bathroom - The Touchy Issues in Gender Transitions Transgender Insurance Task Force: Report from the Front Line Building Transgender Cultural Competence in the Culturally Diverse Organization Strategies to Gain Support for Transgender Healthcare and Tax Equality
Session 5 Thu, Nov. 1, 10:00-11:30am

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Session 6 Thu, Nov. 1, 2:00-3:30pm

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Gender Transition Resources (Transgender Issues)

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Human Rights Council (HRC)

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http://www.hrc.org/issues/transgender
Transgender Law Center

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http://transgenderlawcenter.org/cms/ http://www.transgenderlawcenter.org/pdf/TLC%20ID%20Guide.pdf
National Center for Transgender Equality

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http://www.transequality.org/Issues/federal_documents.html
Transgender Law and Policy Institute

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http://www.transgenderlaw.org/
and many others

Contact Info
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Riya Suising
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riyasuising@gmail.com Find me on:

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LinkedIn Facebook
This presentation is posted at

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http://bit.ly/RrYN1a
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Additional Material
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Gender Definition Examples

Anatomy Identity Expression Orientation Anatomy Identity Expression Orientation Straight Male M M M Prefers F Gay Male M M M Prefers M Anatomy Identity Expression Orientation Anatomy Identity Expression Orientation Anatomy Identity Expression Orientation Straight Female F F F Prefers M Lesbian Female F F F Prefers F Male Drag Queen M M F Prefers M Biology Identity Expression Orientation Intersex M/F ? ? Prefers ?
Crossdressing Male Anatomy M Identity ? Expression F Orientation Prefers F (Transgender) Straight Male Anatomy FM (usually) Identity M Expression M Orientation Prefers F (Transgender) Gay Male Anatomy FM (usually) Identity M Expression M Orientation Prefers M
(Transgender) Straight Female Anatomy MF (usually) Identity F Expression F Orientation Prefers M (Transgender) Lesbian Female Anatomy MF (usually) Identity F Expression F Orientation Prefers F Copyright (C) 2012 Riya Suising 63
More Nickname Examples

Real First Names n Albert n Albert Chee Yaw n Chee-Ping n Jinyong n Jung-Koo n Ka Man n Kaika n Maria n Oi Yan n Sook Fong n Soyeon n Sui Chien n Suk Yu n Won
n n n n n n n n n n n n n n n
Nicknames Albert Albert #1 Andy Carmen Daniel Gabriela Jackie Jason Jennifer Jessie John Michael Suzanne Wendy
Can you guess who's who? and who's male or female?

Biological Male or Female?
Photo credit: Stephanie Rausser from http://www.peggyorenstein.com/bio.html
Photo: http://www.army.mil/-news/2008/11/07/14038-healing-togethersoldier-inspires-others-refuses-to-give-up-on-goals/
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Non-Discrimination Policies (Example)

Equal Employment Opportunities and Discrimination (Company) values diversity in its workforce, as well as in its customers, suppliers, and others. (Company) provides equal opportunity for all applicants and employees. (Company) does not unlawfully discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, disability, veteran status, sexual orientation, gender identity, or genetic information. (Company) also makes reasonable accommodations for disabled employees. We follow these principles in all areas of employment including recruitment, hiring, training, promotion, compensation, benefits, transfer, and social and recreational programs.
Privacy Policy (Example)

(Company) Online Privacy Notice Summary The full (Company) Online Privacy Notice and this summary apply to (Company) Corporate web sites worldwide. Personal Information (Company) collects personal information for a variety of reasons. For example, to deliver a product or service that you have requested, enable your participation in online activities, or personalize your experience. We will explain why we need to collect this information when we ask you for it and keep it to fulfill the purposes for which it was collected or as required by applicable laws or regulations. Uses (Company) will use your personal information for the purpose it was collected. We will not use your personal information for a different purpose without first asking your permission. We may share your personal information with (Company) Corporation in the US, with any (Company) subsidiary worldwide, or with authorized third parties. We do not allow third parties to use your personal information for a different purpose. Choices You may access and update your personal information and communication preferences by using one of the following methods: visit the specific product or service web site; visit the (Company) Subscription Center; visit the (Company) Profile Center; or contact us using the online form.
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Confidentiality and Privacy: An employee's transition should be treated with as much sensitivity and confidentiality as any other employee's significant life experiences, such as hospitalization or marital difficulties. Employees in transition often want as little publicity about their transition as possible. They may be concerned about safety and employment issues if other people or employers become aware that he or she has transitioned. Moreover, medical information received about individual employees is protected under the Privacy Act (5 U.S.C. 552a). Employing agencies, managers, and supervisors should be sensitive to these special concerns and advise employees not to spread information concerning the employee who is in transition: gossip and rumor-spreading in the workplace about gender identity are inappropriate. Other employees may be given only general information about the employee's transition; personal information about the employee should be considered confidential and should not be released without the employee's prior agreement. Questions regarding the employee should be referred to the employee himself or herself. If it would be helpful and appropriate, employing agencies may have a trainer or presenter meet with employees to answer general questions regarding gender identity. Issues that may arise should be discussed as soon as possible confidentially between the employee and his or her managers and supervisors. Source: http://www.opm.gov/diversity/Transgender/Guidance.asp
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Dress and Appearance: Employees who begin the real life experience stage of their transition are required under the WPATH Standards of Care to live and work full-time in the target gender in all aspects of their life, which includes dressing at all times in the clothes of the target gender. Once an employee has informed management that he or she is transitioning, the employee will begin wearing the clothes associated with the gender to which the person is transitioning. Agency dress codes should be applied to employees transitioning to a different gender in the same way that they are applied to other employees of that gender. Dress codes should not be used to prevent a transgender employee from living full-time in the role consistent with his or her gender identity.
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Recordkeeping: Consistent with the Privacy Act, the records in the employee's Official Personnel Folder (OPF) and other employee records (pay accounts, training records, benefits documents, and so on) should be changed to show the employee's new name and gender, once the employee has begun working full-time in the gender role consistent with the employee's gender identity. See 5 U.S.C. 552a(d). Instructions for how to reconstruct an employee's OPF to account for a gender change are set forth in Chapter 4, How to Reconstruct a Personnel Folder [96 KB].
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Insurance Benefits: Employees in transition who already have Federal insurance benefits must be allowed to continue their participation, and new employees must be allowed to elect participation, in their new names and genders. If the employees in transition are validly married at the time of the transition, the transition does not affect the validity of that marriage, and spousal coverage should be extended or continued even though the employee in transition has a new name and gender. Further information about insurance coverage issues can be found on the web at OPM's Insure website, or by contacting the relevant OPM insurance program office.
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CASE - Corporate Restroom Usage

n n
David decided to transition at work (taking name Diane) Employer (global company) supported transition process, formal communications to work group, internal nickname, etc. Upon Diane's request, access granted to closest women's restroom only, not others in company or other sites. No policy or rules given for non-company facilities. After 1 year, Diane showed drivers license with revised gender, and requested broader access to women's restrooms Employer did not grant additional access waiting for more info???
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CASE Locker Room Usage

n n
n n
Steve is long time member at nationwide Gym After many years, Steve transitions to Shelley (at work), and has been appearing & living as female (RLE) Shelley starts using women's locker room at Gym Some Gym staff confronts Shelley in women's locker room, checks ID. Even though Shelley has new company ID but still old drivers license (gender marker unchanged yet), gym staff requests Shelley to use men's or family locker room
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Michelle Kosilek Ruling Sparks Debate Over Rights Of Transgender Prisoners

9/29/2012 n Born Robert Kosilek, went to jail in 1992 for murdering wife n Living as Michelle Kosilek since, attempted suicide twice and selfcastration n In 2003, judge ruled that hormone therapy and SRS was necessary n 9/2012, same judge ordered MA Dept of Correction to provide surgery, and legal fees (~$500K) n MA public opinion outraged that surgery would be abuse of taxpayer dollars.
Source: http://www.huffingtonpost.com/2012/09/29/michelle-kosilek-ruling-transgender_n_1924424.html
Transgender Inmate Case Presented to Appeals Court

n
Attorneys for transgender woman say SRS is medical necessity due to sever case of GID; hormones not enough US District Court judge dismissed case one year ago, saying treatment was adequate Inmate has spent more than 30 years in men's prison, wearing female clothing and addressed by officials as a woman Attempted self-castration more than 20 times Appealed to 3-judge panel of federal appeals court
Source: http://www.nbc12.com/story/19906841/transgender-inmate-case-presented-to-appeals-court Source: http://www2.timesdispatch.com/news/2012/oct/24/judges-hear-va-inmates-sex-change-appeal-ar-2308957/


Gender Virtualization - Biology and The Bathroom - The Touchy Issues in Gender Transitions

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Gender Virtualization - Biology and The Bathroom - The Touchy Issues in Gender Transitions

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Gender Virtualization Biology and the Bathroom The Touchy Issues in Gender Transitions

2012 Out & Equal Workplace Summit Baltimore, Maryland

Achieve successful gender transitions Successfully include the transgender community

as an employer / business as an individual

Disclaimer: This workshop is NOT

Author is not a Legal/HR professional or licensed gender specialist

Consult with your own HR or Legal Counsel

This workshop can help by:

Providing frameworks and examples Sharing best practices

What defines Male?

What defines Female?

Copyright (C) 2012 Riya Suising

Framework from Amanda Simpson, Raytheon

Crossdresser Transitioning individual with surgery

Male to Female Female to Male

Transitioning individual without surgery Gender-variant individual

Premise for Gender Identity

PRIDES Identity Framework

Copyright (C) 2012 Riya Suising

Privacy Biological and Medical Status

Copyright (C) 2012 Riya Suising

Typical Gender Transition Process

Manager, HR, Legal first Co-workers, rest of company, customers next

Resume life, always watchful for discrimination

Birth certificate, name, government IDs, transcripts, etc. everything

Copyright (C) 2012 Riya Suising

Many Surgery Options

Phalloplasty Scrotoplasty Urethroplasty Testicular Protheses Mastectomy

Many Issues with Surgery Cost, Insurance Coverage, Necessity,

WPATH Standards of Care

WPATH Standards of Care (SOC) Version 7 (Sept. 25, 2011)

Private vs. Public?

CASE - Transgender Woman Settles DMV Suit

Public Presentation - Name

Copyright (C) 2012 Riya Suising

Who Are These People?

Copyright (C) 2012 Riya Suising

Nicknames (Preferred Name)

Example at Hi-tech Company

Default Employee Identity

After Self-Update to Employee Record

Very Helpful to Support Nicknames or Preferred Names in Workplace

Lawmaker defends comment on Asians

Copyright (C) 2012 Riya Suising

Respect & Recognition

Copyright (C) 2012 Riya Suising

Copyright (C) 2012 Riya Suising

2 More CA Bills for Transgender Support (2011)

AB 433 Vital Statistics Modernization Act

AB 887 Gender Nondiscrimination Act

Source: http://www.huffingtonpost.com/2011/10/10/california-transgender-laws_n_1004109.html and http://www.advocate.com/News/Daily_News/2011/10/10/California_Governor_Signs_Several_LGBT_Bills/

Gender Identity and Expression Protection

Cities and Counties: 109

Landmark EEOC Ruling Protects Transgender Employees

U.S. Office of Personnel Management

Formal guidelines created for supporting transgender individuals in federal workplace

Workplace Guidance for Transgender Individuals

CASE - TSA Worker Fired from Job

CASE - Transgender Man Challenges Firing From Male-Only Job

Copyright (C) 2012 Riya Suising

Intent of the Individual?

Serious commitment to living full-time in preferred gender?

Portrayal of different gender while retaining original gender?