Creating an Open, Professional Dialogue About Transgender Issues by Shannon Price Minter

Fall 2009

More than a decade ago, I took the step to inform my boss of my decision to undergo gender transformation. Although I was confident I would not be terminated—due to both the policies of my employer and the laws in my jurisdiction—I was nevertheless concerned about her reaction. Fortunately, my boss was extraordinarily receptive; although she did not have a high degree of knowledge about transgender issues, she made a concerted effort to gather information and educate the entire office about my situation. This, in turn, enabled our organization to become a leading advocate for the transgender community, as well as a resource for our colleague organizations to turn to when revising their own policies.

When institutional leaders create an environment in which employees feel free to express their true selves, they not only enhance employee loyalty toward their company, but they enable staff to work more productively, without distractions or concerns about the way in which their sexual orientation or gender identity will be perceived.

To that end, I have seen the Lesbian, Gay, Bisexual, and Transgender ("LGBT") community make tremendous advances over the past decade, particularly in large law firms and Fortune 500 companies. Based on my work and experience, the corporate world has widely adopted institutional changes such as non-discrimination policies and benefits for same-sex couples. However, one of the most powerful changes, cultural change, has lagged behind these administrative reforms. Many companies and firms still lack a workplace environment in which LGBT employees feel fully embraced and accepted. While formal policies might protect LGBT employees from dismissal or other adverse employment actions, questions still remain about how an employee’s sexual orientation will affect their career opportunities.

Fortunately, employers can easily rectify this problem by displaying their commitment, not by simply enacting and enforcing non-discrimination policies, but also by creating a culture of inclusion through proactive measures, such as sponsoring LGBT events and affinity groups, encouraging employees to attend LGBT conferences, recruiting LGBT employees, taking on pro-bono cases involving LGBT rights, and ensuring that all of the organization’s forms and invitations recognize same-sex couples and their children.

With respect to transgender employees, there are, of course, challenges that are unique from the LGBT community as a whole. Although I believe most employers support the principle of equal and fair treatment for all, many are hesitant to hire and retain transgender employees, arguing that such individuals will cause discomfort among colleagues and clients. As a result, employers lose qualified personnel, and transgender employees not only suffer the loss of their jobs but possibly their entire careers.

Experience has shown that with a moderate amount of forethought and sensitivity, employees undergoing a gender transition can be successfully re-integrated into the workplace. The key is for employers and employees to work together as partners with a coherent strategy - responsibility lies with both parties. The transgender employee must be cognizant of the fact that his or her decision to undergo gender transformation will require a significant adjustment on the part of their colleagues, which may be made easier by providing as much information beforehand as possible. The employer, in turn, must make clear that the organization supports this endeavor and ensure that the entire matter is handled in a straightforward, professional manner.

This may seem a daunting undertaking for a company or firm that is unfamiliar with transgender issues. Employers may have a multitude of questions, such as the use of gender-appropriate bathrooms post-transition, etc., and there are a number of proven resources that can facilitate this dialogue. Organizations such as NCLR, the National Center for Transgender Equality, the ABA Commission on Sexual Orientation and Gender Identity, and the Human Rights Campaign offer a wealth of information on best practices, technical assistance and training, including sample letters to employers and models detailing the transition strategies that have proven most effective. When there is planning and forethought, and when leadership unequivocally states that the individual will be treated as a member of their new gender in all respects, co-workers adapt quite quickly.

This is an important and heartening lesson for young transgender attorneys and law students to bear in mind: There is no need to let your gender identity interfere with your aspirations or goals. Work hard, study hard and, most significantly, do not misinterpret a lack of knowledge for a lack of approval. The vast majority of people you encounter will want to be supportive but may not know the most effective and appropriate means for offering their encouragement or assistance. Give them the benefit of doubt and, nine times out of ten, you will be pleasantly surprised.

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Shannon Price Minter is the Legal Director of the National Center for Lesbian Rights (NCLR), one of the nation's leading advocacy organizations for lesbian, gay, bisexual, and transgender people.

Mr. Minter was lead counsel for same-sex couples in the landmark California marriage equality case which held that same-sex couples have the fundamental right to marry and that laws that discriminate based on sexual orientation are inherently discriminatory and subject to the highest level of constitutional scrutiny. He is now lead counsel in the subsequent Prop 8 legal challenge currently pending before the California Supreme Court.

Mr. Minter was also NCLR's lead attorney on Sharon Smith's groundbreaking wrongful death suit and has litigated many other impact cases in California and across the country.

In 2009, Mr. Minter was named California Lawyer of the Year by California Lawyer. In 2008, he was named among six Lawyers of the Year by Lawyers USA and among California's Top 100 Lawyers by the legal publication The Daily Journal. He also received the 2008 Dan Bradley Award from the National Gay and Lesbian Bar Association for outstanding work in marriage cases and was the recipient of the Cornell Law School Exemplary Public Service Award. In 2005, Shannon was one of 18 people to receive the Ford Foundation's "Leadership for a Changing World" award.

Mr. Minter serves on the American Bar Association Commission on Sexual Orientation and Gender Identity. He also serves on the boards of Equality California and the Transgender Law & Policy Institute. He received his J.D. from Cornell Law School in 1993.