Trans Job Seeker Guide: Overcoming Obstacles in the Job Market

This article was originally published by Kathy Morris on ZIPPIA.

Applying for jobs can feel overwhelming, especially when you’re a trans applicant. Do you out yourself immediately or wait until paperwork is filed? Can you avoid outing yourself at all? Can you apply with your new name or do you have to use your legal name? What about company dress codes? These are just a few questions trans job seekers ask themselves. Factor in other serious questions like how to find a trans-friendly company, where to find trans rights resources or how to handle discrimination in the workplace, and suddenly stress and anxiety levels go through the roof — but it doesn’t have to be this way. Here’s a resource to guide trans job seekers- and help employers be more supportive.

TRANS WORKPLACE RIGHTS

In 2019, the Supreme Court ruled Title VII of the Civil Rights Act of 1964 includes protections for members of the LGBT+ community. Until that point, employers in many U.S. states had the right to fire employees simply for being gay, bisexual or trans.

HOW TO SPOT A TRANS FRIENDLY WORKPLACE

Each year, more and more companies jump on board to make the workplace more inclusive, but that doesn’t mean every potential position will be trans-friendly. Here are a few things to remember when looking for a trans-friendly workplace:

How big is the company?

Remember, fifteen or fewer employees means trans workers aren’t legally protected. If you’re not sure how many employees work at a company, visit the website or simply call and ask.

Do your research

If a job catches your eye, take a look at its reviews and staff. You can find company information on their websites and social media pages — but don’t stop there! Look at what people are saying about the company and how it treats its employees. Find this information in the comments on social media posts, responses to company blog posts or company review websites.

Dig deep

What benefits a company offers its employees is a clear indication of how well (or how poorly) you can expect to be treated. When you look into a potential future employer’s health benefits, ask yourself if they are inclusive enough for your needs. It isn’t always easy to uncover this information, especially when you haven’t even applied yet, so how can you find out? Start by reading company reviews. If that doesn’t yield any information, try contacting the company’s HR department. Let them know you’d like some information regarding health benefits, specifically what options a trans worker can choose from.

Pay attention to health benefits

Take a trip

Still not sure if a company is trans friendly? If possible, visit the office and try these tips.

Walk around

Pay attention to your surroundings. Look for clues regarding company viewpoints. Is there a gender-neutral or all-inclusive bathroom available?

Make small talk

Talk to the receptionist. Do they like working for the company? Is there anything potential employees should know before applying? If you happen to catch an employee who is willing to spare some time, ask them how they feel about company culture. Do they feel seen and heard by upper management? Are they happy with workplace policies?

Hang out

Take a seat in the reception room or at a nondescript table and take in your surroundings. Really look at the people who come and go. Is there a diverse group of employees? How are they dressed? Does there seem to be a strict gendered dress code?

JOB HUNTING TIPS

RESUME AND COVER LETTER PRONOUNS

Do you have to apply with your legal name?
When you’re ready to apply for a job, consider whether to use your given or preferred name. It is not illegal to apply with your preferred name, but note that if you’re hired, you’ll need to use your legal name on all onboarding and benefit paperwork.

When to use your preferred pronouns

If you haven’t legally changed your name yet, it’s time to make a decision. You can use your preferred name and pronouns in your cover letter, wait for the interview or hold off until you’ve been hired. Here’s a breakdown on which each of those choices look like:

In the cover letter: Using preferred pronouns in a cover letter tells the company what to expect right away, but you risk missing out on the job if the hiring manager decides to hold your gender identity against you.

During the interview: Outing yourself during the interview opens the door to discussing LGBT+ rights in the workplace and can help you decide whether the company is right for you. This also provides an opportunity for you to request others use your preferred name and specific pronouns.

When signing paperwork: Waiting until it’s time to sign the paperwork means only HR will know you’re trans. If you don’t plan on coming out at work, this is the best option. Keeping your gender identity under wraps at work also gives you plenty of time to decide when or if you should come out. You can wait days, months or even years — or you can decide it’s no one’s business and choose never to come out at work.

INTERVIEW TIPS

Ask questions

The number one thing to remember is interviews go both ways. Prepare necessary questions regarding the position, of course, but don’t forget to ask about company culture and policies. Here are a few questions to start with:

Has the company taken any steps to create a safe place for its employees?
Does it offer diversity training?
What is the dress code and is it gendered?
Will it be an issue if you dress according to your identity?

These questions may not sound like they need to be asked during the initial interview but it’s better to understand company views prior to entering a potentially hostile work environment.

Be prepared

You’ve already researched the company’s views, but now it’s time to learn a bit about the hiring manager. Learn or simply ask their name before the interview. Ask if others will be involved as well and get their job titles. Prepare role-specific questions to show your interest in the company and the job you’re applying for. Make sure none of your questions can be easily answered by scrolling through the company website or social media pages.

Practice

All interviews can induce anxiety. It’s difficult to remain calm when it comes to a career opportunity. How can you soothe those pesky interview nerves? Practice with a friend. Memorizing good questions about the role and company culture will help prepare you for the actual interview. If you want to come out while speaking with the interviewer, role play a few ways to do so without distracting from your qualifications and interest in the position.

WORKPLACE DISCRIMINATION

Discrimination comes in a variety of shapes and sizes. Coworkers who make off-color jokes or who “lightheartedly tease” someone for their sexuality, race, identity, nationality, etc. are behaving inappropriately.

More examples of gender identity discrimination include:

Not being allowed to use the restroom associated with your gender identity.
Being denied equal treatment in the workplace.
Getting fired or demoted when your employer discovers plans for sex reassignment surgery.
Getting disciplined for wearing clothes according to your gender identity or an exclusive dress code that makes no effort to accommodate trans workers.
of promotions and/or opportunities in the workplace due to gender identity.
Exclusion from company-related events due to gender identity.
Harassment by superiors or other employees in the workplace.

Note that harassment can be anything from inappropriate comments and jokes to outright threats. But what can you do if you are the victim of workplace discrimination?

HOW TO HANDLE DISCRIMINATION IN THE WORKPLACE

One immediate reaction is to tell the offender(s) to stop. Let them know it’s inappropriate and you will not tolerate that behavior, then privately document the incident. If it persists, ask them to stop again, document it then go straight to HR. However, if you feel uncomfortable confronting workplace offenders or fear repercussions, you can skip that step and instead go straight to HR. You are not responsible for educating your coworkers and it is perfectly reasonable to defer the matter to professionals.

It is the human resource department’s job to ensure all employees are treated with respect in the workplace. Show them your documentation, explain the situation, and they will take the situation from there. Wait a few days for HR to make a move. Look for a sudden company-wide training session, class or meeting. If it seems HR isn’t reacting, follow up with the department again and document that you spoke to them twice.

WHAT IF HR FAILS TO SOLVE THE PROBLEM?

After speaking with HR twice and giving them ample time to respond, if it seems your issue was cast aside, take the next step by filing a charge against the company and offending employees with the U.S. Equal Employment Opportunity Commission (EEOC). EEOC accepts charges via mail or phone. Contact the nearest EEOC office or call toll-free 800-669-6820 . A charge must be filed within 300 days of the discriminatory act.