Wesley Garson & Robin Runge Ensuring Equal Access for Transgender Applicants and Students in the Job Corps Program Johnetta Davis Office of Job Corps Wesley Garson & Robin Runge Civil Rights Center

Definitions Transgender Gender Identity Gender Expression Gender Non-Conforming Transition Transgender Woman Transgender Man Sex Reassignment Surgery

Background Information Transgender students and applicants are participating and should feel welcome in Job Corps Transgender students will be in various stages of transition These students may need support or individual arrangements while enrolled in Job Corps Transgender individuals, like all Job Corps participants and applicants, should be treated with dignity and respect

Chat Box Question If you have worked with a transgender applicant/student, what have you done to help the applicant/student feel welcome in Job Corps?

Ensuring Equal Access If Job Corps staff/contractors are aware that an applicant is transgender: Talk to the applicant, when appropriate, to discuss possible issues of concern, including, but not limited to: Names, Pronouns, and Records Dress and Appearance Housing, Restroom, and Shower Access Disclosure of Transgender Status Entrance Physical Examination and Medical Issues

Names, Pronouns, and Records Always use the student’s desired name and respective pronoun in all interactions with the student When a student’s legal name and/or gender are not required on official documentation, use the student’s desired name and pronoun When required by law to use a student’s legal name, be as discreet as possible

Chat Box Question What would you say to a coworker who refused to use the preferred pronoun when referring to a transgender student?

Dress and Appearance All Job Corps students must wear appropriate attire for their trade Transgender students may dress in attire consistent with the dress code of their gender identity General note: Dress and appearance codes that differ based on gender must have a legitimate, nondiscriminatory rationale

Housing, Restroom, and Shower Access Have a discussion with the student about appropriate housing options, guided by consideration of The student’s safety The student’s preference Primary and overriding factor – The student’s gender identity Under no circumstances should a transgender student be forced to room separately from other students – they may, however, request to be roomed separately Concerns of staff, parents, and other students may need to be considered and addressed These guidelines apply to the use of all gender-segregated facilitates, e.g., locker rooms, showers, bathrooms

Chat Box Question If you have worked with a transgender student on center, what steps did you take to determine their living arrangement?

Disclosure of Transgender Status Treat a student’s transgender status as you would any other deeply personal life experience or medical issue If a transgender student is willing to talk about his or her experience, discussions must be appropriate in tone and content Staff should not ask a transgender student medically-related questions unless necessary to address issues relevant to his or her care at Job Corps Do not engage or permit students or staff to engage in gossip or rumor-spreading

Entrance Physical Examinations and Medical Issues Medical staff must follow best practice protocol based on the needs of the student – guided in part by the student’s identity and physiology Most transgender students in the Job Corps age group will not have undergone any gender-related surgeries, due to age and financial constraints, though some may have initiated hormone therapy Staff will facilitate a student’s access to any medical care regimen obtained prior to enrolling If a transgender student seeks to begin a course of medical treatment, such as hormone therapy and/or surgery, while enrolled in Job Corps, Job Corps shall assist the student in accessing offsite medical care for this purpose. Not all transgender students who begin a regimen of medical care will require medical separation.

Moving from Job Corps to the Workforce Transgender students entering the workforce often face additional career planning challenges Career Transition Counselors may need additional training to help transgender students make the most of resources in the local area

Scenario #1 17 y/o male to female transgender person. No hormones or surgeries. Has dressed as a female for 5 years. Mother is supportive and has helped her daughter to advocate throughout high school. She requests to live in a private dorm room, wear female clothing, and use the female restrooms. She wants to be called Marie. Her legal name is Mario. Center is small and rural, with limited resources in the community. There are currently no private rooms available.

Scenario #1 Questions What name should staff and students use when referring to the student? What should the center do about housing?

Scenario #2 22 y/o female to male transgender person. He has been in treatment for several years with hormones and wants to continue. He requests to be in a male dorm room, use the male restroom, and  to wear male clothing. He has asked if hormone therapy is covered by Job Corps’ basic health care services. He requests that the pelvic exam be waived. This is a large center in a large urban area.

Scenario #2 Questions Who pays for the continued hormone therapy? What should the center take into consideration when assigning a dorm? How should Job Corps medical staff respond to the request to waive the pelvic exam?

Student and Staff Training Incorporate education about gender identity and gender expression into diversity and equal opportunity compliance training for students and staff Webinar schedules are posted on JobCorps.gov Technical assistance available through the National Office Health and Wellness Unit U.S. Department of Labor’s Civil Rights Center (CRC) conducts trainings and is available for technical assistance

Complaint Process Students and staff should be aware of the complaint process available through CRC Civil Rights Center ATTENTION: Office of External Enforcement U.S. Department of Labor 200 Constitution Avenue, NW Room N4123 Washington, DC 20210 http://www.dol.gov/oasam/programs/crc/external-enforc-complaints.htm Fax: (202) 693-6505 Email: CRCExternalComplaints@dol.gov

Additional Resources DOL Policies on Gender Identity: Rights and Responsibilities – http://www.dol.gov/oasam/programs/crc/20130712GenderIdentity.htm Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace – http://www.opm.gov/diversity/Transgender/Guidance.asp Information on how to file a complaint with the EEOC – http://www.eeoc.gov/employees/charge.cfm Information on filing a complaint with the Office of Federal Contract Compliance Programs – http://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm Answers to Your Questions About Transgender People, Gender Identity, and Gender Expression – http://www.apa.org/topics/lgbt/transgender.aspx Know Your Rights — Transgender People and the Law - https://www.aclu.org/know-your-rights/transgender-people-and-law Contact Information (Civil Rights Center): Wesley Garson – Garson.Wesley.M@dol.gov Robin Runge – Runge.Robin.R@dol.gov U.S. Dept. of Labor’s Civil Rights Center – CRCExternalComplaints@dol.gov

Contact Information Job Corps Health and Wellness National Office Health Unit Johnetta Davis, MPH—davis.johnetta@dol.gov Carol Abnathy, MPH, MSW—abnathy.carol@dol.gov Medical Specialists John Kulig, MD, MPH, Lead and Regions 1 & 2—jwkulig@gmail.com Gary Strokosch, MD, Regions 3 & 5—gstrokosch@aol.com Drew Alexander, MD, Region 4—cyvoc@yahoo.com Sara Mackenzie, MD, MPH, Region 6—saramack17@msn.com Mental Health Specialists Valerie Cherry, PhD, Lead and Region 2—vcherryphd@gmail.com David Kraft, MD, MPH, Region 1—dkraft@external.umass.edu Maria Acevedo, PhD, Region 1 (PR) —acevedo.correa@gmail.com Suzanne Martin, PsyD, MPH, Region 3—suzannempsyd@gmail.com Lydia Santiago, PhD, Region 4—lydia.v.santiago@att.net Helena Mackenzie, PhD, Region 5—helena.mackenzie530@gmail.com Vicki Boyd, PhD, Region 6—vdelboyd@aol.com

Questions?