Gender identity: The next H.R. frontier?

[ MARCH, 2009 - OKLAHOMA CITY, OK ] - A recent new story reported on gender identity policies in a handful of Fortune 500 companies. It was interesting and thought-provoking by any measure -- especially when one considers the implications for the Human Resources professionals of today.

In the article on workplace policies, the following terms were referenced in relation to gender identity: "sexual orientation;" "same-sex partners;" "lesbian;" "gay;" "bisexual;" and "transgender."

The term "transgender" can refer to transvestites who may or may not be homosexual; it can also refer to individuals who've undergone a sex-change operation. There's only one thing that's clear about "gender identity:" It's a broad term that has no clear definition or meaning.

The uniqueness of individuals with gender identity considerations gives rise to issues that go beyond adopting workplace policies and putting benefits into place. Though it's a progressive, commendable place to start, there are practical, legal and human issues that remain to be considered. Imagine this scenario playing out in your office:

• A female employee has worked for your company for six years;
• She starts wearing only women's pant suits;
• Then, she begins wearing men's pant suits;
• She transitions from wearing high heels to men's wingtip shoes;
• Following this transition in dress, she shaves her head completely and tells her supervisor that she wants to be called "Bill;"
• She goes on to announce that she is undergoing medical treatment to become a male.

Even for the most well-intentioned organization, a scenario like this poses a number of practical issues that aren't easily resolved.

Is the employee classified as male or female? Even if the question of gender designation could be resolved with a clear definition, there are administrative questions: Can a transgender employee change categories of name and sex at will, and how would employers report these changes to state and federal agencies?

Consider the workplace logistics: Which bathroom would the transgender employee use? Either door you choose poses possible sexual harassment issues, including hostile work environment claims by colleagues uncomfortable sharing the confines of a restroom with a transgender coworker. Worse, the transgender employee might fall victim to sexual harassment by coworkers.

There are also tricky issues of timing and disclosure. When should the employer acknowledge the situation? If the employee does not "self identify" the change, should the supervisor take note of the new behavior and address it with the employee? If such a discussion ensues and the supervisor is wrong, will there be a gender discrimination lawsuit?

Imagine these conversations: "Mary, I notice you've been dressing as a man for some time now; is there something you want to tell us?" Or, "Mary, I noticed you were in the men's restroom today; why?"

Taking proactive practices that include gender identity in policies that protect employees from prejudiced treatment is a first step, but it's an entirely different endeavor to create a workplace where employees with gender identity issues are treated with respect. To do that would will require additional education, training and the commitment of your work force. This is especially important, given that these policies currently provide more "rights" than federal law currently provides.