Developing and Implementing Gender Transition Plans

 Trans 101  Issues Faced by Trans People  How to Interact Respectfully with Trans Clients  Legal Framework Update

 Trans people are: › Donors › Employees › Board members › Volunteers › Partners › Clients › Neighbors  Issues of respect and inclusion are largely the same everywhere

 Birth Sex: A person’s male or female birth-assigned sex.  Gender Identity: A person’s deeply held internal sense of being male or female or somewhere else on the gender spectrum.  Sexual Orientation : Describes an individual’s emotional, physical, and/or romantic attraction to another person.

 Transgender: An umbrella term that can be used to describe people whose gender expression is non- conforming and/or whose gender identity is different from their birth- assigned sex.

 Gender variant/gender non- conforming: Refers to a person who has - or is perceived to have - gender characteristics and/or behaviors that do not conform to sex-based stereotypes.

 Gender Expression : How a person chooses to communicate their gender identity to others through clothing, hair, styles, mannerisms, and social interactions that are perceived as masculine, feminine or somewhere else on the spectrum.

 Intersex: A term used for people who are born with external genitalia, chromosomes, or internal reproductive systems that are not traditionally associated with either a “standard” male or female.  Gender Transition: Refers to the process through which a person modifies their physical characteristics and/or gender expression to be consistent with their gender identity.

 High unemployment  Double the rate of unemployment: A recent study found transgender people experienced unemployment at twice the rate of the general population, with rates for people of color up to four times the national unemployment average.  Widespread mistreatment at work: 90% experienced harassment, mistreatment or discrimination on the job or took actions like hiding who they are to avoid it.

 Barriers to education  Two-thirds of trans students feel unsafe in school due to their status.  Harassment forced 15% to leave K-12 school or higher education.  Homelessness  19% reported having been refused a home or apartment and 11% reported being evicted because of their gender identity/expression.  One-fifth (19%) reported experiencing homelessness at some point in their lives because they were transgender or gender nonconforming.

 Lack of medical care  19% of respondents were denied care due to their trans status, with even higher numbers among people of color.  28% postponed care when they were sick or injured due to discrimination.  Negative interactions with police/justice system  One-fifth (22%) of respondents who have interacted with police reported harassment by police, with much higher rates reported by people of color.  Almost half of the respondents (46%) reported being uncomfortable seeking police assistance.  Domestic violence – less likely to report abuse, fear of being “outed”  Increased incidence of drug use, solicitation, police abuse

 Bureau of Justice Statistics 2014 study estimates that of the 3,200 transgender people in US prisons in , 39.9% reported sexual assault or abuse by another prisoner or staff.  Of 1,700 transgender people in US jails in , 26.8% reported sexual abuse or assault within the past year.  BJS study shows that transgender prisoners are being abused at ten times the rates for prisoners in general (4% in prisons and 3.2% in jails).  California study of trans women held in men’s prisons, 59% had been sexually assaulted by another prisoner.  Source: “Sexual Victimization in Prisons and Jails Reported by Inmates, ”, Bureau of Justice Statistics, December 2014

 In ICE detention:  As many as 40% of allegations of sexual abuse are not reported to ICE  20% of substantiated allegations of abuse found by CRS involved transgender victims  Source: Congressional Research Service

Lack of updated identity documents can have a dramatic negative impact on trans people:  Only one-fifth (21%) have been able to update all of their IDs and records with their new gender. One-third (33%) of those who had transitioned had updated none of their IDs/records.  Only 59% reported updating the gender on their driver’s license/state ID, meaning 41% live without ID that matches their gender identity.  Forty percent (40%) of those who presented ID that did not match their gender identity/expression reported being harassed, 3% reported being attacked or assaulted, and 15% reported being asked to leave.

So what barriers make it difficult for trans people to change their identity documents?  Complicated and expensive process.  Many trans people do not trust or want to deal with legal system.  Many do not know it is possible to change their documents.  Lack of legal assistance

 Provides protection on the basis of gender identity and expression in education, employment, housing, public accommodations, and city agencies.  Strong implementing regulations clarify issues like bathroom use and harassment via “outing.”  Clarifies that single occupancy bathrooms in DC should be gender neutral.  Provisions enforced by DC Office of Human Rights.

 Recognize that trans clients face numerous barriers to accessing legal services.  Be positive and welcoming. Discuss concerns they may have from the very beginning.  Be honest about yourself and your level of trans knowledge/exposure.  Use proper names, pronouns, and terms. Ask if you are unsure.

 Do not ask to see pre-transition photos or names, unless necessary for the name change process.  Don’t imply the trans person isn’t being “real” or is being “deceptive” (for example, asking for a “real name” or speaking about “real women/men”).  Do not ask personal questions about someone’s genitals or medical status. In determining someone’s eligibility for services, it may be necessary to discuss medical steps a person has taken to transition. Medical procedures can be referred to generally as “hormone therapy,” “top surgery” or “bottom surgery.”

 Don’t assume you know someone’s gender identity or sexual orientation.  If you have a question or don’t know how to refer to someone then ask, but do so in a respectful way.  Don’t “out” a trans person.  Don’t provide “helpful suggestions” about how to be more masculine/feminine.

From Hopkins v. PriceWaterhouse to Macy v. Department of Justice and Beyond… “Holder Memorandum” of December 15, 2014: “I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status.”

“No person in the United States shall, on the basis of gender, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

 Department of Education Guidance (April 2014):  “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or feminity and OCR accepts such complaints for investigation. Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations.”

 Arcadia Unified School District (California)  Complaint filed in 2011, DoE OCR and DoJ CRD resolved in July 2013  Many issues implicated, but biggest one was complaint over “separate but equal” restroom facilities.

 Downey Unified School Dist. (California)  Complaint filed in November 2011, Resolved in October  5th grade MTF student:  called "gay" as an insult, "fag," "bitch," and "whore" by classmates  confiscation of her make-up by administrators,  forced to write an apology letter for making male students feel uncomfortable,  removed from group counseling sessions so she wouldn't bring up her gender identity,  called by her male name (including in her school picture), and being told by administrators she should consider transferring to another school where no one knew she was trans

 Trans woman worked for US Army Aviation & Missle Research, Development and Engineering Center in Alabama.  Required to use “separate but equal” single-user restroom out of fear that other employees might feel uncomfortable. Counseled by supervisor when she used the general women’s restroom when the “separate but equal” facility was out of order.  Filed EEO complaint and filed separate OSC complaint.  EEOC finding reverses Agency dismissal of Title VII complaint.

 Express holdings of EEOC opinion:  Intentionally referring to a transgender person by incorrect pronouns violates Title VII.  Prohibiting a transgender person from using the restroom consistent with their gender identity violates Title VII.

 “Nothing in Title VII makes any medical procedure a prerequisite for equal opportunity (for transgender individuals or anyone else). An agency may not condition access to facilities – or to other terms, conditions, or privileges of employment – on the completion of certain medical steps that the agency itself has unilaterally determined will somehow prove the bona fides of the individual’s gender identity.”

 Express holdings of EEOC opinion:  Intentionally referring to a transgender person by incorrect pronouns violates Title VII.  Prohibiting a transgender person from using the restroom consistent with their gender identity violates Title VII.

 Rachel See, Esq.  (not admitted to practice law in Virginia)  –  Phone –