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www.emeraldinsight.com/0048-3486.htm
Transsexuals
Transsexuals and workplace and workplace
diversity diversity
A case of “change” management
487
J.M. Barclay and L.J. Scott
Division of Human Resource Management and Development, Glasgow Received October 2004
Caledonian University, Glasgow, UK Revised May 2005
Accepted July 2005
Abstract
Purpose – The purpose of this paper is to examine the key issues involved in situations within the
workplace when an employee goes through gender reassignment, in order to consider how such
situations might be managed more effectively.
Design/methodology/approach – It analyses a case study from a national public sector
organisation in the UK where a transsexual person went through male to female gender
reassignment. The case was compiled via participant observation and one to one interviews with the
key players in the process (managers, human resource staff and colleagues as well as the individual).
Findings – Key issues discussed include the effects on trust and relationships at work, harassment,
the role of trade unions, training, and other support. It explores the difficulty of gaining acceptance for
a transsexual, and links this to literature on managing diversity and change management.
Research limitations/implications – The case study is in the public sector in the UK, but
implications are valid for other organisations.
Practical implications – Makes suggestions for managing transsexual issues for management and
for trade unions, whilst being cautious about the extent of acceptance that can be achieved.
Originality/value – Existing literature tends to focus on the transsexual individual’s own
viewpoint, and guidelines from transgender support groups. This study includes the roles and
reactions of all the key people involved within a real organisational case, and offers insights into the
issues involved when managing transsexual cases in the workplace.
Keywords Equal opportunities, Employment, Sexual discrimination, Sex and gender issues
Paper type Case study
Introduction
“Employers are disturbingly ignorant of sex change issues” (McLynn and Garnett,
2001). Although there is legislation to protect transsexual people and a growing
awareness of the need to provide fairness at work for these people, little has been
published about organisations managing transsexual people in employment.
Transsexual people often suffer from depression and “inner turmoil”[1]. Evidence
also suggests that transsexual people are extremely hard working employees, who
throw themselves into their work in order to escape their inner turmoil (Gender Identity
Research and Education Society, 2002). Therefore: Personnel Review
Vol. 35 No. 4, 2006
. . . it is in a company’s best interest to try to retain a talented employee whether or not he or pp. 487-502
q Emerald Group Publishing Limited
she is transsexual . . . companies cannot afford to throw away some of their best workers 0048-3486
(Cadrain, 2004). DOI 10.1108/00483480610670625
PR As with other forms of unfair discrimination, being transsexual has nothing to do with
35,4 a person’s ability to perform his or her job and it is important to manage such
situations at work in order to maintain efficiency and good working relationships.
This paper sets out some of the key issues involved in relation to transsexual people
in workplace. It outlines the legal and business rationale for having a policy on
transsexuals. A brief case study from a national public sector organisation is presented
488 where a transsexual person recently went through male to female gender
reassignment. Whilst existing literature tends to focus on the transsexual
individual’s own viewpoint, this study also explores the roles and reactions of the
other key players in the process (the managers, colleagues, human resource (HR) staff
and trade union representatives). The case highlights a number of difficulties
experienced by the different people involved. Trust in the transsexual individual is
often undermined, and the reasons for this are considered. The paper also reviews
transsexual issues in terms of diversity theory and literature on change management.
It is hoped that these perspectives on transsexual issues can provide insights towards
managing these processes more effectively at the workplace.
Defining transsexuality
Transsexualism is defined by the Looking Glass Society (1997)[2] as:
. . . the most pronounced form of gender dysphoria in which a person experiences such a deep
conflict between their physical sex and their mental gender that they have no choice but to
embark upon the process of transition (switching into living full time in the desired role) and
gender reassignment (medical and surgical treatment to alter the body).
A variety of terms are in use to describe this condition, including gender identity
disorder. Put very simply, a transsexual person is an individual whose perception of
their own personality as masculine or feminine is at variance with their assigned
gender at birth: hence, the popular description of the transsexual person feeling
themselves to be “trapped in the wrong body” (Gender Trust, 2006).
The gender reassignment regulations in the UK cover those who:
. . . intend to undergo, are undergoing or have undergone gender reassignment: a process
undertaken under medical supervision for the purpose of reassigning a person’s sex by
changing physiological or other characteristics of sex (IRLB, 2003).
Hence, although the successful completion of some sort of surgical intervention is not
essential, the medical supervision of a transition process is a key aspect. Hence,
someone who is a transsexual but who does not fall within one of these three groups is
unprotected by the legislation.
Whilst this legal definition is important, especially for employers in the UK, this is
not a universally accepted definition. For example, transsexualism is defined by the
World Health Organisation as the consistent (at least two years) desire to live and be
accepted as a member of the opposite sex, usually accompanied by the wish to make
one’s body as congruent as possible with the preferred sex through surgery and/or
hormone treatment. Thus, employers need to consider their standpoint on transsexual
issues. If they choose the more restricted legal definition, they should be aware that
transsexual people and support groups may lobby for a broader accommodation to
include transsexual people at an earlier stage of transition or those who decide not to
change their physiology.
Transsexual people may be categorised as either male-to-female (MtF) or Transsexuals
female-to-male (FtM). Those who seek gender reassignment may be referred to as and workplace
transsexual people, “but the terms preferred by the individuals themselves are trans
men and trans women” (Gender Identity Research and Education Society, 2002). This diversity
is an important point for an employer to bear in mind, as incorrect use of basic
terminology can be offensive to the individual.
489
Law
Transsexual people are protected against discrimination under the Sex Discrimination,
(Gender Reassignment) Regulations 1999, which updates the Sex Discrimination Act
1975. Under the 1999 Regulations, anyone who is treated less favourably on
employment or vocational training grounds compared with a non-transsexual will
have a claim under the Act:
Employers must not discriminate on gender reassignment grounds at any stage of
employment, including:
.
Recruitment, which covers the arrangements made for filling a vacancy, and in deciding
who should have the job.
.
Employment, which takes in promotion, training, transfer and access to employment
related benefits, including pay, and the provision of a working environment free from
harassment.
. Ending of employment – this covers dismissal and selection for redundancy (EOC, 2006).
Employers are liable for acts of discrimination, including harassment conducted by
employees, whether or not it was done with the employer’s knowledge or approval,
unless the employer took such steps as were reasonably practicable to prevent it.
As with other types of discrimination, transsexual individuals can take a claim to an
employment tribunal to seek a remedy. This would most likely take the form of
compensation. Whilst transsexual people may wish to be allowed to continue with their
jobs as usual, it is likely that relationships have broken down by this stage with both
sides reluctant to continue with the employment. It is important to note that there is no
ceiling for compensation payments in discrimination cases. Compensation for injury to
feelings is likely to be a feature of such cases, and so this can be very expensive.
No “collective” force
A further difficulty for transsexual people lies in their small numbers in the workplace,
which is insufficient for creating a collective force to press for change and acceptance.
Other disadvantaged groups, such as women, disabled persons, and ethnic minorities
tend to present in substantial numbers and even other sexual minorities (homosexual
men and lesbians) represent 10 per cent of the workforce (Kaplan and Lucas, 1994). As
for numbers of transsexual people, the Human Rights Campaign Foundation point out
that “there is limited statistical data . . . and what official data exists is contested and
dated”. They quote estimates of one per 30,000 adult males and one per 100,000 adult
females in Europe in 1994[5]. Some data indicates a much higher frequency: between
one in 500 and one in 2,500 MtF transsexuals in the US (HRCF, 2004). Another estimate
suggests that there are 5,000 transsexual people in Britain (Coleman, 2003). Even
accepting the highest estimate, however, transsexual people are so few they are
unlikely to find mutual support in sufficient numbers in workplaces (and this problem
is compounded by initial denial or reserve before “coming out”).
This lack of ties through “common experience that often provides the necessary
support to push for action” can leave people “alone and isolated in their struggle”
Cockburn, 1989 in Kirton G. and Greene A-M. (2000).
Trade union
Despite the limited numbers of transsexual people, it might be expected that the trade
union would have a key role in creating collective support. Kirton and Greene (2000)
suggest that there are three ways that trade unions can exert pressure on employers to
combat discrimination and promote diversity. Firstly there is an equality dimension to
traditional bargaining agendas. (For example, the National Minimum Wage improved
the relative position on equal pay for women and ethnic minorities). Secondly trade
unions might explicitly promote equality and encourage employers to address Transsexuals
discriminatory practice (in developing a harassment policy, for example). The third and workplace
aspect (which might be seen as a minimum expectation even where the first two
aspects are not evident) is representing individuals who have experienced diversity
discrimination at work. Indeed one of the major reasons for joining a union is to
have their backing on disciplinary or grievance matters if required (Waddington and
Whitson, 1997). However, not all trade unions have clear policies on transsexual issues 491
at the workplace, and the TUC only issued guidelines in July 2004, (TUC, 2004) some
five years after legislation was introduced.
Case study
Transsexual issues are sensitive and difficult to research especially within
organisations. The cases tend to be hard to identify from outside the organisation
and people can be unwilling to discuss the issues. This is especially true if the issues
have not been well handled and if bad feeling continues. The transsexual individual
may well have left the organisation to “start again” and so it can also be difficult to
get all viewpoints on a case. The case presented below, however, is a summary of the
case of “Susan” who went through gender transition. This case was reported by a
combination of participant observation within the organisation and one to one
interviews. Susan was a MtF transsexual who had been working in “Serviceco”: a
public sector organisation employing almost 4,000 people, many of whom deal directly
with the public. The employee began working at Serviceco in 1998, joining as a male
and in 2000 announced the intention to undergo gender reassignment. At this time
she had been attending work as a male, but living outside of work as a female.
The participants were interviewed in 2003 following a transition period, to establish Transsexuals
their views on how the transition had been managed at her workplace. (The and workplace
interviewer was employed within the HR department of the organisation and was
known to all the participants). Most articles on transsexual people tend to focus on the diversity
views of the transsexual individual, and this case takes a more inclusive approach by
also presenting the reactions of others involved: the managers, the HR staff, trade
unions representatives and other co-workers. This case, therefore, illustrates the 493
difficulties encountered within the workplace by not only transsexual people, but also
illustrates some of the difficulties felt by the other people involved.
Susan
From the age of six, Susan says that she knew she was “different”. As an adolescent
she explained to her father how she felt, but was met with a hostile reaction, and from
then on she remained silent about her feelings. She married and had a son. Eventually
after more than 20 years of marriage, the feelings became too strong and she revealed
these to her wife. Whilst the wife was initially supportive, this was not sustained and
an acrimonious divorce followed, and indeed all of the family has been unsupportive.
Her father suffered a stroke and the family blamed Susan for this. Her sister says she
“doesn’t want to speak to her or see her ever again”.
Effects on others
As transsexual people keep their condition well hidden, when they do “come out” it is
usually a massive shock to everyone who knows them, including colleagues.
According to Wilson (1995):
. . . if men and women have not learned the rules of how to behave as men and women, or
resist the rules, then they may not fit in at work.
In Susan’s case, it was clear that colleagues and managers were shocked by the change. Transsexuals
Even those managers and HR staff who were supportive of Susan found themselves and workplace
very stressed and “out of their depth”. They expressed the need for clear organisational
guidelines to handle the situation, as well as some “support” systems, not just for diversity
Susan herself, but for themselves as well as Susan’s colleagues.
As film director Almodovar (2004) says: “a transsexual element in a story . . . is very
powerful because it changes all the other characters and is a challenge to them all” 495
(Hatterstone, 2004). Similarly the HRCF (2004) quote Moonhawk River Stone in that
“everyone transitions when a transsexual person comes out in the workplace”. It is,
therefore, important to acknowledge the impact on others and manage transition
effectively.
Discussion
Emotional reactions
Transsexual people typically go through a great deal of emotional turmoil, ranging
from despair, isolation, and frustration to elation once they have accepted their
condition. Many of these feelings will have been suppressed for years, and according to
the Burns (1997), “psychiatrists suggest that the mid-life period, around 40, is a
common stage for those transsexual people who have suppressed their feelings in
earlier life to come out”.
Fear is a major emotion for a transsexual person facing an unsympathetic and
ignorant world. The sadness and regret of taking many years to “come out” are
common emotions felt by transsexual people, which are offset against the elation of
achieving a harmonised body and mind. These emotions, whilst understandable from a
transsexual person’s point of view, can be difficult to manage from an employer’s
perspective. Many transsexual people get frustrated throughout their lives as they are
living in the wrong body. Additionally, when transsexuals are taking hormones, it can
make them sensitive and touchy. Many MtF transsexuals also find it hard to accept
that they will never have the biological makeup of a female, and some who go through
the operation are still unhappy because they do not look “female enough” (West
Lothian Transgender Support Group, 2001). All these issues are important for an
employer to bear in mind when managing transsexual employees as it provides an
explanation for some behaviour. For example, some transexual women dress in an
“over-adventurous” manner in order to “advertise” their femininity.
Management and change creation Transsexuals
Literature on change management is relevant for transsexual issues and can be helpful and workplace
in identifying how best to manage transsexual situations in the workplace. Some key
issues from literature on managing diversity are similar to those in the literature on diversity
change management (Iles, 1995; Thomas and Ely, 1996). These include the key roles of
change “agents” and change “sponsors” defining responsibilities, especially
management responsibilities, the provision of resources (money and people). Also 497
important are overcoming barriers to change and the importance of organisational
culture.
Employers need to manage the change process effectively. However, Lick and
Kaufman (2003) go further than this and suggest that change management is too
reactive. They propose a change creation approach instead. Employers need to be
prepared for when it arises. They say that: “when organisations choose to be proactive
relative to change, they intentionally move from being victims of change to becoming
masters of change”. This would involve, amongst other things, “proactive planning . . .
and buy-in from all stakeholders”. More specifically in relation to transsexuals in the
workplace, Cadrain (2004) suggests setting up a “Transition Team” consisting of an
HR person, a top manager, an employee assistance programme person, a union
representative and the transitioning employee to anticipate, and decide on
communications and other issues.
This idea can be developed with the notion of a transition period as well. This idea
is discussed below.
Training
Training is another frequent theme in diversity and change management literature.
Education and awareness rising to increase tolerance and acceptance are also stressed
in the codes and guidelines on transsexuals in the workplace (HRCF, 2004). Given that
transsexual people present in small numbers, education is particularly important to
reduce ignorance of the issues. In addition as Liff (1997) points out, if training is carried
out by poor trainers, or with insufficient resources, diversity training can actually
increase stereotypes and inter-group friction. Thus, it is important to do this properly
as it seems that some training can actually be worse than none at all. This requires
adequate expertise and resources, and should be concentrated in the transition periods
mentioned above. However, it is also unlikely that organisations will themselves have
the knowledge and expertise to provide training and education in these matters.
Transgender support groups can provide advice and information to staff if asked.
However, since a range of organisations will need guidance, there is a need for
accessible information and training materials. There is a case for the EOC and the
Chartered Institute of Personnel and Development (CIPD) to work in collaboration with Transsexuals
transgender support groups to develop such information and guidance and publicise and workplace
this via their networks.
However, Liff (1997) sounds another note of caution regarding training, and diversity
questions how much it can actually achieve. As she points out, it is often easier to
change behaviour rather than deeply held attitudes, so perhaps a more realistic aim
should be to expect fair and reasonable treatment in terms of behaviour and respect. 499
Given that it seems very difficult for others to accept a transsexual person in a
new identity, perhaps acceptance in terms of a whole change of attitude is too much
to ask.
Conclusion
There is no doubt that sex change is a difficult and sensitive issue for all of those
involved: the individual, as well as family, friends, and colleagues. However, as far as
employers are concerned:
. . . there is every reason to believe that a transsexual who has been a good employee before
transition will continue to be a good (and usually better) employee afterwards; in many cases
the company will have made a substantial investment in an employee in the form of training
and job experience, and hence it is desirable to manage the person’s transition in such a way
as to preserve good working relationships all round and to continue to reap the benefits of the
person’s work” (The Looking Glass Society, 1997).
Legal changes may provide the impetus to change as employers who lose
discrimination cases at tribunals can incur significant costs in compensatory
awards, as well as the time and effort involved in tribunals. However, discrimination at
work also carries hidden costs of absenteeism, low morale, reduced productivity and
service, not to mention the conflict and bad feeling caused.
There are also business arguments for protecting transsexual employees. Given
that transsexual employees need to “come out” in order to live full time in the new
gender role, employers necessarily become involved. The HRCF (2004) says that
employers should develop and implement strategies to deal with transsexual people
effectively and sympathetically at the workplace. They put forward several arguments
for this including enhanced corporate reputation; competitive advantage, increased job
satisfaction, and improved employee morale. It could also be argued that a worker who
has undergone a successful gender change may well be a far better worker than before
transition. (Whittle, 1997).
Key to effective management of transsexual issues are clear policy and procedures
(including harassment), effective communications and consultation over realistic time
periods, and training and support for all those involved (especially the transsexual
person, colleagues and managers). It should be borne in mind, however, that whilst
these are all important, even with the best will in the world, the transsexual person
may only obtain tolerance rather than acceptance.
Trade unions also need to be prepared in terms of guidelines to members as well as
to representatives. However, as can be seen in Susan’s case, “equality and diversity
issues can easily slip off the bargaining agenda in a hostile organizational climate and
if union negotiators have no practical interest in them” (Kirton and Greene, 2000).
Trade union representatives may also be slow to speak out about such issues
preferring to support the majority views of their members. This may be due to the
PR largely white male domination of union power structures, and a rather “unitary”
35,4 approach to their bargaining agenda, since “highlighting plurality of interests might
undermine solidarity and thereby union power” (Kirton and Greene, 2000). However,
trade unions need to keep up with change and legislation if they are to represent
members effectively: the challenge to unions is to represent effectively the interests of
diverse social groups, particularly if they want to increase membership.
500 Perhaps the simplest and most compelling rationale is that discrimination against
transgender people in the workplace affects not only the transgender employees but
also the entire team, and “unchecked discrimination in the workplace on the basis of
non-job related characteristics distracts the victim and the perpetrator from the job at
hand” (HRCF, 2004).
Whilst many managers may hope that the situation will not arise in their own
workplaces, it is dangerous to assume that it will not and the impact of just one case
can be very disruptive if poorly handled. It is, therefore, crucial that employers prepare
in advance for the possibility.
Notes
1. This is so great that “50 per cent of transsexual people do not survive beyond their thirtieth
birthday. Most take their own lives; the remainder lose their lives in violence at the hands of
others. This morbidity statistic is known in medical circles as ‘the 50 per cent rule’” (West
Lothian Transgender Support Group, 2001).
2. A non-profit organisation promoting understanding and acceptance of transsexual issues.
3. A registered charity in the UK providing information and support to trans people, their
families employers and other professionals.
4. A UK organisation which campaigns and lobbies for respect and equality for trans people.
5. Most estimates suggest that there are about three times more MtF trannsexual people than
FtM.
6. Whilst this paper refers only to MtF transsexuals, the points also apply to FtM transsexuals.
7. Present author’s italics.
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PR About the authors
Jean Barclay has substantial practical experience of HR in industry, and has also lectured in
35,4 higher education for over ten years. Her research interests include diversity issues as well as
assessment methods and interviewing techniques used in employee selection. She has published
in various HRM journals and texts, and provides consultancy and training for organisations in
both the private and public sectors, particularly in competency-based interviewing skills. She is a
Corporate Member of the CIPD and a Member of the Higher Education Academy.
502 L. Scott is a HR Advisor in a large public sector organisation in the UK, and has several years
experience in HR management positions.