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How to support an employee going through a gender transition

April 2023 employment law letter
Authors: 
Laurie Rogers, Holland & Hart LLP

As transgender employees become more comfortable living openly as their authentic selves in the workplace, employers should be prepared to work with transitioning employees. Consider putting a plan in place that fosters an inclusive work environment and guards against discrimination based on gender identity and expression. This plan should include communicating with transitioning employees, educating your workforce, and creating clear policies addressing the rights and needs of transgender and gender nonconforming employees.

Communication

You should create an accepting work environment that invites employees to speak openly with HR or management. Inviting open communication directly with company leadership allows you to address concerns before they escalate.

When a transitioning employee comes to you, work with them on their anticipated transition timeline, including whether and how they want their coworkers to learn about the transition. Encourage self-identification of pronouns and acknowledge and allow name and/or pronoun changes within your HR systems, regardless of whether the employee has legally changed their name. Assure the transitioning employee that they may dress in a manner that corresponds with their gender expression or identity, and they are permitted to use bathrooms and locker rooms that align with their gender identity.

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