1. Aisha Sanchez, Associate Ford and Harrison, LLP GENDER IDENTITY & EXPRESSION IN THE WORKPLACE: CREATING POLICY AND MAKING PRACTICE

2. Moderator Becky Ross Marketing Manager (303) 228-8753 bross@kpaonline.com

3. Presenter Aisha Sanchez Associate Ford and Harrison, LLP asanchez@fordharrison.com

4. If you have questions during the presentation, please submit them using the “Questions” feature Questions will be answered at the end of the webinar QUESTIONS Questions

5. GENDER IDENTITY & EXPRESSION IN THE WORKPLACE: CREATING POLICY AND MAKING PRACTICE Aisha Sanchez Ford Harrison LLP 813.261.7849 asanchez@fordharrison.com

6. Overview: Getting a Grip on Proper Terminology Recent Cultural and Legal Developments Management Tools Coworker Tools Resources

7. Sticks and Stones: Mastering Terminology

8. PHYSICAL SEX (Biological Anatomy) Male -----------------INTERSEX------------- Female GENDER IDENTITY (Psychological Sense of Self) Man -----------------TWO SPIRITS------------- Woman GENDER EXPRESSION (External Presentation) Masculine ----------ANDROGYNOUS----------- Feminine SEXUAL ORIENTATION (Romantic/Erotic Response) Toward Men -------TOWARD BOTH/NEITHER ---Toward Women Source: Association of Corporate Counsel Publication by Christine Michelle Duffy, 2011

9. Key Terms Generally Acceptable Gender Identity Disorder/Gender Dysphoria Transgender Gender Affirmation Gender Expression Surgery Transition Generally Unacceptable Tranny He-she; shape- shifter Hermaphrodite Transvestite Sex change; pre-op; post-op

10. Cultural and Legal Developments

11. Cultural Shifts

12. Statutory Protections Source: Mother Jones 2011

13. Interpretive Protections Mia Macy EEOC Vandy Beth Glenn 11th Circuit

14. Management Tools

15. Design Your Winning Game Plan Take your organization’s temperature Work with what you’ve got o Basic Game Plan – Mitigate Risk o Intermediate Game Plan – Add Value o Aspirational Game Plan – Brand Inclusion Track your organization’s results

16. Basic Game Plan – Mitigate Risk What is the law, and does it apply to us? Minimal practices: –Revise employee handbook –Have clear and specific complaint procedures –Train your managers –Update orientation presentation –Be knowledgeable about your restrooms, locker rooms, and other gender-specific areas

17. Intermediate Game Plan – Add Value What is the business case for inclusion? Suggested practices: –Examine current personnel practices for cost- effective and creative solutions –Take a closer look at the medical insurance plan –Adopt written protocol for handling transgender employment issues –Conduct anonymous employee surveys

18. Aspirational Game Plan – Embracing Inclusion in Company Culture and Branding We get the “business case,” but what about the “people case”? Suggested practices: –Set the tone from the top –Be choosy with your outside vendors –Publicly support and engage with the transgender community –Activate an Employee Resource Group

19. Tracking Your Results Measuring diversity and inclusion Compare costs to savings Celebrate and share the positives Learn from and share the negatives Modify as you go

20. Coworker Tools

21. What Am “I” Comfortable With? What are my personal views about all of this? –Basic Level: Be Professional –Intermediate Level: Support My Co-Worker –Aspirational Level: Be an Ally What results are important to me, and how do I track them?

22. Basic Level: Be Professional What are the rules, and how do they affect me and my work? Suggested approaches: –Focus on the work objective and the strengths and contributions of all team members –Avoid workplace gossip –Follow your coworker’s pronoun/name cues –If you are uncomfortable, then say so respectfully and with an eye toward effective resolution

23. Intermediate Level: Support My Coworker What can I do to help my transgender coworker feel safe, comfortable, and productive at work? Suggested approaches: –Respect every person’s inherent sense of “self” –Maintain confidentiality and privacy –Be a respectful liaison to other employees struggling with accepting transgender coworker –Lead by example

24. Aspirational Level – Be an Ally Transgender inclusion is important to me. How can I communicate that effectively at work? Suggested approaches: –Discuss the topic openly and professionally –Avoid “poster-child” syndrome –Support ERGs –Offer creative solutions

25. Tracking My Results Have I stayed on task, or has this issue side- tracked my professional development and success? Have I leveraged my personal outlook on this issue to distinguish myself positively and professionally? Am I at a point where the “transgender” issue is really a “non-issue” at work? Am I satisfied with my work environment?

26. Resources Human Rights Campaign: www.hrc.org –Corporate Equality Index –Employer Resources Out & Equal: www.outandequal.org –Employee Resource Group Registry Lambda Legal: www.lambdalegal.org –Transgender Toolkits

27. QUESTIONS? THANK YOU! Aisha Sanchez Ford Harrison LLP 813.261.7849 asanchez@fordharrison.com