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

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Create your own policies to respect and protect the entire community, following best practices
Copyright (C) 2012 Riya Suising 2

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

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Author is not a Legal/HR professional or licensed gender specialist
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Consult with your own HR or Legal Counsel

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This workshop can help by:
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Providing frameworks and examples Sharing best practices
Copyright (C) 2012 Riya Suising 3

Gender Definition
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What defines Male?

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What defines Female?

Copyright (C) 2012 Riya Suising

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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
Copyright (C) 2012 Riya Suising 5

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
Copyright (C) 2012 Riya Suising 6

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
Copyright (C) 2012 Riya Suising 8

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PRIDES Identity Framework
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Privacy and Public Presentation Respect and Recognition Intent Documents & Records Everyday Laws & Policies Support

Copyright (C) 2012 Riya Suising

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

Copyright (C) 2012 Riya Suising

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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

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Resume life, always watchful for discrimination

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

Copyright (C) 2012 Riya Suising

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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
Copyright (C) 2012 Riya Suising 12

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
Copyright (C) 2012 Riya Suising 14

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
Copyright (C) 2012 Riya Suising 15

Public Presentation - Name
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Privacy and Public Presentation Respect and Recognition Intent Documents & Records Everyday Laws & Policies Support

Copyright (C) 2012 Riya Suising

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Who Are These People?
Name Terry Gene Bollea Stanley Burrell Stanley Dunham Marion Morrison Sean Young Cameron Diaz Gender?

Copyright (C) 2012 Riya Suising

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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)

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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
Copyright (C) 2012 Riya Suising 18

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

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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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Copyright (C) 2012 Riya Suising

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

Copyright (C) 2012 Riya Suising

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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

Copyright (C) 2012 Riya Suising

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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

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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/
Copyright (C) 2012 Riya Suising 22

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

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Cities and Counties: 109
Copyright (C) 2012 Riya Suising 23

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

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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
Copyright (C) 2012 Riya Suising 24

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/
Copyright (C) 2012 Riya Suising 25

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
Copyright (C) 2012 Riya Suising 26

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

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Lawsuit filed for sex discrimination under Title VII of Civil Rights Act
Copyright (C) 2012 Riya Suising 27

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/
Copyright (C) 2012 Riya Suising 28

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

Copyright (C) 2012 Riya Suising

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Intent of the Individual?
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Serious commitment to living full-time in preferred gender?

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Portrayal of different gender while retaining original gender?

Copyright (C) 2012 Riya Suising

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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?
Copyright (C) 2012 Riya Suising 31

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

Copyright (C) 2012 Riya Suising

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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
Copyright (C) 2012 Riya Suising 33

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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

Copyright (C) 2012 Riya Suising

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Online Advice Helps Doctors Treat Transgender People

Source: http://project-health.org/transline/

Copyright (C) 2012 Riya Suising

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Interactive Map on Driver's License Policies by State

Source: http://transequality.org/Resources/DL/DL_policies.html
Copyright (C) 2012 Riya Suising

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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
Copyright (C) 2012 Riya Suising 37

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)
Copyright (C) 2012 Riya Suising 38

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)
Copyright (C) 2012 Riya Suising 39

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/
Copyright (C) 2012 Riya Suising 40

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
Copyright (C) 2012 Riya Suising 41

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

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HRW pushing to repeal requirement for Irreversible Surgery to Change Official Gender HOWEVER - UK, Spain, Portugal removed SRS requirements for Gender Change

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Source: http://www.hrw.org/news/2011/09/13/netherlands-transgender-law-violates-rights
Copyright (C) 2012 Riya Suising 42

Everyday Laws & Policies – Bathrooms and Facilities
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Privacy and Public Presentation Respect and Recognition Intent Documents & Records Everyday Laws & Policies Support

Copyright (C) 2012 Riya Suising

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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

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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
Copyright (C) 2012 Riya Suising 44

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?”

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How to communicate policy and enforce?

Companies are moving toward a Gender Identity-based segregation of restrooms and enforcement of appropriate behavior.
Copyright (C) 2012 Riya Suising 45

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
Copyright (C) 2012 Riya Suising 46

Workplace Guidance for Transgender Individuals
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
Copyright (C) 2012 Riya Suising 47

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

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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/
Copyright (C) 2012 Riya Suising 48

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
Copyright (C) 2012 Riya Suising 49

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
Copyright (C) 2012 Riya Suising 50

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
Copyright (C) 2012 Riya Suising 51

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
Copyright (C) 2012 Riya Suising 52

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
Copyright (C) 2012 Riya Suising 53

Support
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Privacy and Public Presentation Respect and Recognition Intent Documents & Records Everyday Laws & Policies 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
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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.

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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
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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
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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
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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

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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

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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

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

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National Center for Transgender Equality
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http://www.transequality.org/Issues/federal_documents.html

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Transgender Law and Policy Institute
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http://www.transgenderlaw.org/

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and many others…
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Contact Info
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Riya Suising
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riyasuising@gmail.com Find me on:
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LinkedIn Facebook

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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 FàM (usually) Identity M Expression M Orientation Prefers F (Transgender) Gay Male Anatomy FàM (usually) Identity M Expression M Orientation Prefers M

(Transgender) Straight Female Anatomy MàF (usually) Identity F Expression F Orientation Prefers M (Transgender) Lesbian Female Anatomy MàF (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
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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?
Copyright (C) 2012 Riya Suising 64

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/

Copyright (C) 2012 Riya Suising

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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.
Copyright (C) 2012 Riya Suising 66

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.

Copyright (C) 2012 Riya Suising

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Workplace Guidance for Transgender Individuals
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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Copyright (C) 2012 Riya Suising

Workplace Guidance for Transgender Individuals
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.

Source: http://www.opm.gov/diversity/Transgender/Guidance.asp

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Workplace Guidance for Transgender Individuals
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].

Source: http://www.opm.gov/diversity/Transgender/Guidance.asp

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Workplace Guidance for Transgender Individuals
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.

Source: http://www.opm.gov/diversity/Transgender/Guidance.asp

Copyright (C) 2012 Riya Suising

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CASE - Corporate Restroom Usage
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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???

Copyright (C) 2012 Riya Suising

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CASE – Locker Room Usage
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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
Copyright (C) 2012 Riya Suising 74

Transgender Inmate Case Presented to Appeals Court
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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/
Copyright (C) 2012 Riya Suising 75

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