Employing and supporting LGBT workers

Trans workers face distinct challenges in the workplace. These range from physical spaces such as gendered facilities to discrimination and harassment. Creating a working environment that enables your trans staff to be themselves in the workplace also promotes acceptance among staff who are not trans.

Trans workers and protection from discrimination

Under the Sex Discrimination (Northern Ireland) Order 1976, gender reassignment is defined as being 'a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such process.' Protection against unlawful discrimination extends to those trans people who intend to undergo, are undergoing, or have undergone the process of gender reassignment so defined.

How to avoid workplace transphobia

Transphobic language can create a hostile environment for trans people which may amount to bullying and/or harassment. Employers and staff at all levels of an organisation should be proactive in challenging transphobia. Some examples of transphobia in the workplace and actions you can take to prevent it occurring are outlined below:

Speculating about someone's gender

Speculation can lead to insulting gossip and can undermine the person's dignity. If you are unsure you should respectfully ask which pronoun the person prefers to use.

Purposefully ignoring someone's preferred pronoun

This undermines the person's gender identity and sense of self. If a member of staff has asked to be referred to by a certain pronoun then you should respect this and ensure others in the workplace respect this too.

Disclosure of someone's trans history

For some people, their trans history is part of their past and not their current identity following transition. You must not disclose an employee's trans history unless they have given you their explicit consent.

Referring to someone's trans history

Some people may be guarded about their trans history and others may be more open about it. However, staff should be respectful and avoid comments about 'how an individual was before'.

Inappropriate questions about medical treatment

An individual's medical history or ongoing medical treatment is a private and personal matter. A trans person's body is their own. Staff should respect the trans person's right to privacy.

Questioning someone's ability to 'pass'

'Passing' refers to when a trans person 'passes' for someone who isn't trans. Telling someone they could be more 'convincing' is both insulting and degrading. Staff should respect a person's gender identity regardless of whether they conform to standard notions of gendered beauty.

Use of toilet or changing facilities

Employers should avoid discriminating unlawfully against anyone with the protected characteristic of gender reassignment (see definition outlined above). For example, where only separate male and female toilet facilities are provided an employee who has obtained a full gender recognition certificate should normally be permitted to use the staff toilets corresponding to their acquired gender. Where employers can offer adequately secure and private gender-neutral toilets, changing and washing facilities, the risk of discriminating unlawfully against transgender people would be reduced and it would be good practice to aim for this solution. Employers should always ensure that there are suitable facilities for trans people that meet the same good standards of quality, security, privacy, and hygiene that are provided to all members of staff. In the case of employees who are transitioning, employers should consult them about their needs and make plans for them.

Further information and advice

The scenarios above address only some of the general issues and principles that may arise when supporting trans staff. For further guidance and support, you can contact the Equality Commission.

As an employer, you have a legal responsibility to ensure that all your staff, regardless of whether they propose to undergo, are undergoing, or have undergone gender reassignment, do not suffer discriminatory treatment at work. It is best practice to ensure that all staff work in an environment that enables them to reach their full potential.

See recruiting and retaining transgender staff - Government Equalities Office guidance.