Transsexual people in the Workplace
A Code of Practice Regarding
Discrimination on Grounds of Transsexualism. Published by
Press For Change, December 1998 (Printed copies available)
ISBN: 0 9527842 2 X
Contents:
1. Introduction
2. The Status of Transsexual People in the
United Kingdom
3. Detailed Guidance
3.1 Recruitment
3.1.1 Equal opportunities policies
3.1.2 References and certificates
3.1.3 Interviews
3.1.4 Single sex environments and
occupations
3.1.5 Temporary workers
3.1.6 Voluntary workers
3.2 Employment
3.2.1 Records and confidentiality
3.2.2 Pensions
3.2.3 Benefits in kind
3.2.4 Career development loans
3.2.5 Harassment
3.3 Medical treatment during
employment
3.3.1 Time required
3.3.2 Agreeing a process
3.3.3 Dress codes
3.3.4 Informing colleagues, clients and the
public
3.3.5 Single sex environments and
occupations
3.3.6 Use of single sex facilities
3.3.7 "Women Only" space
3.3.8 Redeployment and retirement
3.3.9 Prolonged incapacity for work
Annex A. Unresolved Issues
A.1 The police and armed forces
A.2 Indirect discrimination
A.3 Religious groups
Annex B. Further Information and
Contacts
Annex C. Illustrative Tribunal Cases
Annex D. The Medical Process of Gender
Reassignment
Annex E. The Effects of Transsexualism on the
Individual
Footnotes
1. Introduction
1.1 On 30 April 1996 the European Court of Justice
ruled in the case of P v S and Cornwall County Council that
the dismissal from her job of a transsexual woman, because
she proposed to undergo medical treatment for her condition,
constituted discrimination under the terms of the European
Equal Treatment Directive. The Court found that it was not
legal to discriminate against a person on the grounds of
their having undergone, or intending to undergo, gender
reassignment. [1]
1.2 Like all Member States of the European Union,
the United Kingdom is required to implement the ruling in
its domestic law, and UK Industrial Tribunals have on the
whole successfully interpreted the Sex Discrimination Act
1975 to protect transsexual people. [see Annex
C]
1.3 The purpose of this document is therefore to
provide a Code of Practice on issues which may be
encountered in the application of this new legislation.
Although throughout the terminology of employment has been
used, the Code of Practice should be understood as applying
to all areas covered by the provisions of the Sex
Discrimination Act. For example, "Recruitment" applies to
recruitment for educational programmes as well as for
employment.
2. The status of transsexual people in
the United Kingdom
2.1 In the United Kingdom a person is allowed to
change their name and personal details and to live as a
member of the sex opposite to that recorded at birth. The
majority of transsexual people also undergo medical
treatment, which can include hormone therapy and
reconstructive surgery. This is only provided following
careful assessment by medical professionals, and may take
some time. [See Annex D]
2.2 The current position in the United Kingdom is
that a person remains throughout their life legally of the
sex recorded at birth. For transsexual people this means
that their legal status cannot be amended to reflect their
current identity, despite medical treatment and/or a change
of social gender. Following P v S and Cornwall County
Council, this anomaly is for the most part irrelevant for
the purposes of employment, but see 3.1.4 and 3.3.5
below.
3. Detailed guidance
3.1 Recruitment
3.1.1 Equal opportunities policies
Equal opportunities policies which refer to discrimination
on grounds of sex can now be considered automatically to
include discrimination on grounds of transsexualism.
Employers who wish to promote anti-discriminatory practice
and who have policies and procedures which cover of areas
such as sexual orientation, culture and religion, age and
HIV status as well as race, sex and disability may add
"gender identity" to their list. Other policies should be
checked to ensure they would adequately cover a transsexual
employee, particularly those dealing with confidentiality,
harassment, allocation of resources (such as office space
and equipment), access to development (such as training,
secondment, internal job vacancies and promotions), pensions
and insurance.
Good practice example: B, a large employer,
already had an identified "Sexual Harassment Officer". On
becoming aware of the existence of transsexual employees in
the workforce, B agreed to extend the remit of the officer
to include harassment for reason of transsexualism.
3.1.2 References and
certificates
Employers should update their records and ensure that any
references reflect current name, title and sex. Certificates
of higher education and professional qualifications should
be re-issued to reflect the individual's new details. These
administrative changes protect the privacy of the
transsexual person, and the principle of autonomy of
disclosure.
Good practice example: N worked for an engineering
company prior to transition and was responsible for
co-authorship of a number of technical manuals. "My former
employers have been scrupulous about updating not only their
references etc., but about consulting me on which names to
use in publications that refer to me from the past."
3.1.3 Interviews
Employers wishing to promote equal opportunities may state
that they welcome applications from transsexual people, just
as for any other minority group. However it should not be
expected that applicants and interviewees for employment
will necessarily wish to disclose transsexual status - some
people consider it a very private matter; also many have
experienced prejudice and harassment as a result of
disclosure. It is not a question that should ever be asked
at interview. There is no obligation for a transsexual
person to disclose their status as a condition of
employment. If they choose to disclose, this is not in
itself a reason for not offering employment, and
non-disclosure or subsequent disclosure are not grounds for
dismissal. Should an applicant or interviewee voluntarily
disclose, the issue should be dealt with in the same way as
any other personal disclosure.
3.1.4 Single sex environments and
occupations
In most cases, the gender of an employee is of no relevance
to their ability to do their job. However some specific
posts are "exempted" under the Sex Discrimination Act 1975
and are open only to a single sex. In these cases only, it
is necessary to decide which sex someone is for employment
purposes. All transsexual people remain at all times legally
of the sex recorded at birth; that is, a woman is treated as
a male and a man as a female. However it would be against
the spirit of the Sex Discrimination Act to insist that this
anomaly persist for the purposes of employment, since it
would give rise to absurdities, for example, a transsexual
man would be eligible to work in (for example) a women's
refuge. Practically, therefore, it is more appropriate to
treat transsexual people as being of the sex they identify
as, ignoring legal sex. The point of change of social gender
is generally the appropriate marker for status in the "new"
gender. It is unacceptable to treat a person as belonging to
neither one sex nor the other for employment purposes,
either for a period of time or for life.
3.1.5 Temporary workers
Employment placement agencies and agencies providing casual
labour are increasingly important in some sectors of
employment, for example IT, secretarial, care workers etc.
and for some workers in these sectors frequent changes of
employer are the norm. As part of their own policies,
agencies must decide whether to inform clients that job
applicants may include transsexual people. There is in most
cases no legal obligation to disclose such information, and
no information about the transsexual status of an individual
should be provided without the prior consent of the
individual concerned.
Good practice example: L, a transsexual man, had
been a professionally trained secretary prior to transition,
and sought work via a temping agency. The agency, whilst
aware that he was transsexual, did not consider it necessary
to inform employers of his status, and because of his
ability and qualifications he was much in demand. However he
lost one position after his status became known, and was
concerned that discrimination could have taken place. The
agency was exonerated from any possible involvement in that
it was able to reassure him that it had a clear policy that
this was a confidential issue.
3.1.6 Voluntary workers
No distinction should be made with regard to the rights of
people who work on a voluntary basis.
3.2 Employment
3.2.1 Records and confidentiality
Current personnel records for transsexual people should not
refer to a previous name, and records made prior to a change
of name should be updated. Because of the anomalous legal
status of transsexual people, it may be necessary for some
records (e.g. with regard to pensions and insurance) to
retain a reference to legal sex. Access to records showing
the change of name and any other details associated with the
individual's transsexual status, such as records of absence
for medical treatment in this connection, should be
restricted to senior staff who "need to know" for specific
reasons. "Need to know" refers to those directly involved in
the administration of a process, for example the Examining
Medical Officer, or the person who authorises payments into
a company pension scheme. It does not refer to colleagues,
clients or line managers, and breaches of confidentiality
should be treated very seriously, as would any other gossip
about a personal medical or social situation. Transsexual
people in employment may choose voluntarily to disclose at a
secondary level, for example, answering an equal
opportunities questionnaire, or asking for support from a
line manager. Again strict confidentiality should be
observed.
3.2.2 Pensions
All people born after April 1955 now retire at 65. But women
born before 1950 retire at 60, and those born between 1950
and 1955 retire sometime between 60 and 65. Because
transsexual people remain legally of the sex recorded at
birth, those born prior to April 1955 will retire at the age
appropriate to their legal sex, that is, transsexual women
retire at 65 and men at 60. Employers should bear this in
mind and use legal sex as the determinant for retirement,
early retirement, and the administration of pension
schemes.
3.2.3 Benefits in kind
All transsexual people remain at all times legally of the
sex recorded at birth; that is, a woman is treated as a male
and a man as a female. This means that employers registering
staff for corporate insurance and benefits policies are
advised to inform their underwriters if they know of a
transsexual employee's status, since some insurers
automatically invalidate a policy if transsexualism is not
disclosed. The employer should gain prior written consent
from the employee before disclosing the information. Where
an employer is unaware of an employee's transsexualism, the
obligation to disclose falls upon the employee, who could
also be held liable in the event of an incident for which no
valid insurance cover existed.
Good practice example: C was taken on as an IT
consultant by a private company. The directors were aware
that she was transsexual, but not realising the complexity
of her legal status, and without consulting her, took out a
range of standard cover for her as a female. The issue came
to light only as the result of a query on her private health
insurance. With C's permission, a total of six different
organisations were informed:
- The brokers themselves
- The company car insurers
- The company's personal pension plan providers
- The Permanent Health Insurance providers
- The company's life insurance provider
- The private health provider
Without this disclosure, C's car insurance, health
insurance and pension plan would all have been invalid.
3.2.4 Career development loans
Transsexual people may face an additional financial burden
of medical loans if they pay for some or all of their
medical and surgical treatment privately. They may also have
experienced lengthy periods of unemployment and have missed
the usual opportunities for developing skills which enhance
their employment prospects. Employers are encouraged where
possible to make special provisions regarding the
administration of career development loans to accommodate
this.
Good practice example: J was employed as an
administrator, but lacked up to date IT skills because he
had been out of the job market for some time owing to his
transsexualism. His employer agreed to an interest free loan
to enable him to undertake a correspondence course, in
addition to paying for extra in-service training.
3.2.5 Harassment
Employees are entitled to expect support from their employer
and protection from harassment by other members of the
workforce and members of the public. In the case of an
individual harassing an employee, for example, a member of
the public objecting to being served by them, or a colleague
making personal remarks to a third party, the issue should
be dealt with in the same way as discrimination against any
other minority group. Harassment policies and procedures
developed to protect other vulnerable groups should be
adapted to include this minority group and the usual
penalties for breaching them should apply. Where an employee
is being harassed by the media, they should be protected,
and consideration should be given, in consultation with the
person concerned, to strategies which minimise personal
exposure and the need for self defence. Employers or
employees may address a complaint to the Press Complaints
Commission.
Good practice example: R, a university researcher,
was "outed" to the media by a colleague. Coverage in the
national press was given to the colleague's personal view
that R should not be admitted as a member of a women's
college because of her ambiguous legal identity (all
transsexual people in the UK are currently obliged to live
with legal ambiguity, whereby their social identity and most
documentation reflects the gender with which they identify,
whilst their legal status remains that recorded at birth).
R, who had not made a secret of her status to her employer,
but who was not widely known as transsexual, found herself
the subject of gossip and controversy. Her employer
protected her from direct media harassment at work, and made
its own statement to the effect that the matter was between
them and R, and that they were entirely satisfied with her
qualifications and abilities to undertake the work for which
she was employed. Colleagues were supportive, and the issue
was swiftly ended.
3.3 Medical treatment during
employment
3.3.1 Time required
Transsexual people undergoing medical and surgical
procedures related to gender reassignment may require some
time off from work. Assessment by a qualified professional
may take several months or years and appointments may
involve the individual travelling long distances, and so are
likely to be a day in duration each time. Following this
stage there is typically a period of one or more years
before the individual is accepted for reconstructive
surgery, and the time required for this will vary greatly,
from one week to around twelve weeks, depending on the
nature of the surgery undertaken. Employers should try to
allow some flexibility so that employers may undergo this
treatment. [See Annex D for further details]
Good practice example: S was employed in a small
voluntary sector project. The management committee was able
to allow her to use annual leave to attend appointments with
her psychiatrist. But surgical procedures required several
weeks off, which the project could not afford. However an
arrangement was reached whereby S took a combination of sick
leave and unpaid leave, enabling a temporary worker to be
brought in to cover her absence. Because this was planned in
good time, S was able to manage her financial and personal
affairs comfortably, and the project ran smoothly in her
absence.
3.3.2 Agreeing a process
The most important factor in the successful management of an
employee's transition from one sex to the other is to
discuss with them how they would prefer to handle it, and to
follow a process agreed with them. Issues which may be
considered include: whether the employee is to stay in their
current post or be redeployed the expected timescale of the
medical and surgical procedures the expected point or phase
ofchange of name, personal details and social gender what
time off will be required for medical treatment whether the
employee wishes to inform line manager, colleagues and
clients themselves, or would prefer this to be done for them
what amendments will be required to records and systems
whether a transsexual employee is adequately covered by
existing policy on issues such as confidentiality,
harassment and insurance and if not how these will be
amended whether training or briefing of colleagues or
clients will be necessary, and at what point and by whom
this will be carried out how to handle any harassment,
hostile reactions or unwanted media interest
Good practice example: D was a popular and
respected teacher in a comprehensive school when he
announced his intention to transition to male. In
consultation with D, the head teacher and governors drafted
a plan of action to include:
- telling colleagues
- telling parents
- telling pupils
- handling the inevitable media interest
In the event, having been well briefed, parents and
pupils were happy to accept D in his new role.
3.3.3 Dress Codes
Employers should allow some flexibility in dress codes to
accommodate the process of transition from one sex to the
other. They are supported in this by the Disability
Discrimination Act 1995, which prohibits discrimination on
grounds of appearance. Practical details such as who pays
for a new uniform (if this is required as a result of a
change of social gender) should be dealt with according to
the employer's usual policy on similar issues (for example
weight loss or gain), or negotiated with the employee.
Good practice example: M was working as a sales
assistant when she began her transition to female. Her
employer discussed the possibility of temporary redeployment
out of the public gaze, but M preferred to remain with her
team. The company dress code was therefore relaxed along
similar lines as for Muslim women and other groups, giving M
flexibility over hair length and style, jewellery and
make-up, prior to the point at which she felt comfortable in
a skirt rather than trousers and without reference to any
specific point of change of social gender. For a period some
customers perceived her as female and others as male, but M
felt happy to accept this, and indeed used the perceptions
of customers as an indicator of when to begin presenting as
unequivocally female.
3.3.4 Informing colleagues,
clients and the public
There is no general need or obligation to inform colleagues,
clients and the public that an employee is undergoing gender
reassignment. Such information is necessary only where the
relationship with someone who knew the person prior to their
change of status is to continue. It is usually good practice
for employers to take responsibility for informing those who
need to know, although the wishes of the individual should
be respected as far as possible. In some circumstances the
transsexual person may wish to be the one to make a personal
explanation to some or all of their contacts; in this case
the employer will need to know when the disclosure is to
take place and at what depth, so that they can agree and
provide appropriate support. Education should take place on
two levels: general information about transsexualism, and
specific information to enable people to understand the
situation of the particular person involved. Annex B
provides sources of information for these purposes. At the
point of change of social gender, it is common for
transsexual people to take a short time off work and return
in their new name and gender role. This is often used as an
opportunity to brief contacts. In all cases, the legal
obligations of management should be explained, and the
unacceptability of harassment made clear.
Good practice example: T worked for a local
authority. She agreed with her employer that she would
herself explain to long standing clients about her impending
transition, but that they would also be interviewed by a
manager and those who expressed unease would be offered a
new contact. Her employer arranged briefing by outside
trainers for all her colleagues.
3.3.5 Single sex environments and
occupations
See paragraph 3.1.4 above. Although transsexual people
remain at all times legally of the sex recorded at birth;
that is, a woman is treated as a male and a man as a female,
it is more appropriate for employment purposes to treat
transsexual people as being of the sex they identify as,
ignoring legal sex. The point of change of social gender is
generally the appropriate marker for status in the "new"
gender. Where a person intending to undergo gender
reassignment is already employed in a single sex position or
environment prior to a change of social gender it is likely
to be most beneficial for the employee, the employer and any
customers or clients if redeployment or retirement can be
negotiated. In these circumstances it is good practice to
discuss options early on, if possible well before any
changes take place, and to come to a mutually satisfactory
arrangement.
3.3.6 Use of single sex
facilities
Employer and employee should agree the point at which the
use of facilities such as changing rooms and toilets should
change from one sex to the other. An appropriate marker for
using the facilities of the employee's "new" sex is likely
to be the change of social gender. It is not acceptable to
insist on a transsexual employee using separate facilities,
for example a disabled toilet.
3.3.7 "Women Only" space
It is consistent with this Code of Practice that transsexual
women should be admitted to any spaces or resources reserved
for "Women Only" (rather than transsexual men). See 3.1.4
and 3.3.6.
Good practice example: A woman's centre was used
by a wide range of women, including some transsexual women,
some of whom disclosed their status. The centre initially
responded with a policy of admitting only "women born
women"; however following lobbying, education and
consultation with all users, the centre agreed a policy of
access to "all individuals identifying and living as women
full-time in all spheres of life".
3.3.8 Redeployment and
retirement
An employee cannot be obliged to accept redeployment or
retirement on the grounds of transsexualism against their
wishes. However in some cases the employee may prefer
retirement or redeployment, or may be willing to negotiate
if this is the option the employer prefers. In large
companies and organisations, a decision to redeploy may be
accommodated relatively easily, especially if the employee
is able to move to another site or area. In smaller ones it
may be less easy or even impossible. An inability to
accommodate a preferred option for redeployment cannot be
offered as grounds for dismissal or retirement. Where
redeployment takes place it is best timed to co-incide with
the change of social gender, so that the employee starts
their new post in their new gender role. Negotiated
retirement packages should be equivalent to those offered to
other employees who accept early retirement.
3.3.9 Prolonged incapacity for
work
There is always a small possibility that complications
arising as a result of medical treatment for transsexualism
could result in a prolonged incapacity for work. If
incapacity continues beyond the normal expectations for the
process undergone, a transsexual employee could be retired
on medical grounds in the same way as any other person who
becomes unfit for duty.
Annex A: Unresolved issues
A.1 The police and armed forces
The police have already raised the point that the legal
status of a transsexual employee could potentially be used
to undermine their authority as a police officer [see
Annex C.5]. It would be consistent with this Code of
Practice and with 3.1.4 and 3.3.5 above to treat transsexual
people as being, for the purposes of employment, of the sex
they identify as, ignoring legal sex. This would enable
employers such as the police and the armed forces to recruit
and retain transsexual employees without anxiety.
Good practice example: At least one police force has
adopted a pragmatic approach to the gender reassignment of a
police officer, pending the resolution of the problem raised
above. The officer concerned was redeployed within the force
to a post in which she would not have direct contact with
suspects, thus avoiding the possibility that her authority
could be undermined.
A.2 Indirect discrimination
Because transsexual people remain legally of the sex
recorded at birth, heterosexual transsexual people who would
otherwise marry their partners are unable to do so, since
legally their partner is of the same sex. Indirect
discrimination may as a result take place in a range of
areas, for example: paternity and childcare leave; passing
on pension rights and insurance policies to partners or
children; general employment related benefits such as
private healthcare, membership of clubs and admission to
events. It would be consistent with this Code of Practice
for the employee to be treated as being, for the purposes of
employment, of the sex they identify as, ignoring legal sex.
This would enable employers to offer equal rights to their
partners and families.
Good practice example: A, employed by a housing
association, pays into a company pension scheme. The scheme
permits members to nominate any person(s) they wish to
benefit from their pension in the event of their premature
death, and A is thus able to nominate his partner and
children.
A.3 Religious groups
Religious groups where they act as employers are obliged
to abide by the provisions of the Sex Discrimination Act
1975, and may not adopt a policy of not recruiting or
retaining transsexual employees. Where a job is open only to
members of a single sex, for example, if the ministers of a
religion must be male, the religious group must decide
whether to accept transsexual men or transsexual women in
this role. It would be consistent with this Code of Practice
for a transsexual employee to be treated as being, for the
purposes of employment, of the sex they identify as,
ignoring legal sex. However a policy opposite to that
recommended for mainstream employment could possibly be
justified (as long as the status of transsexual people
remains ambiguous) providing the policy is consistently
applied.
Annex B: Further information and
contacts
B.1 Literature
Available by post for £1.50 from Press for Change, BM
Network, London WC1N 3XX
or free on the Press for Change website at http://www.pfc.org.uk/
de Cegli D, Dalrymple J, Gooren L, Green R, Money J and Reid
R (1996)
Transsexualism, the current medical viewpoint ISBN: 0
9527842 0 3
B.2 Speakers, trainers and
advisers
Gender Identity Research & Education Society (Registered
Charity no: 1068137)
Melverley, The Warren, Ashtead, Surrey KT21 2SP, Tel:
01372-801554
http://www.gires.org.uk/
B.3 Other contacts
General information and assistance in dealing with problems
related to the
employment of transsexual people:
Press for Change, BM Network, London WC1N 3XX
E-mail: letters@pfc.org.uk
Website: http://www.pfc.org.uk
Support for transsexual women:
Gender Trust (Registered Charity no: 803607)
BM Gentrust, London WC1N 3XX
E-mail: gentrust@mistral.co.uk
Website:
http://www3.mistral.co.uk/gentrust/
Support for transsexual men:
FTM Network
BM Network, London WC1N 3XX
Website: http://ourworld.compuserve.com/homepages/ftmnet/
Annex C: Illustrative Tribunal Cases
C.1
P was registered at birth as male and was employed as
the general manager of an educational establishment run by
Cornwall County Council. When P informed her employers of
her intention to begin living in the female role as part of
a process of gender reassignment, she was dismissed and
subsequently raised a sex discrimination action. The
Industrial Tribunal found that P had been dismissed because
of her transsexualism (not for redundancy, as the employer
claimed) but could give no remedy under the relevant law
(the Sex Discrimination Act 1975). The Tribunal made
reference to the European Court of Justice as to whether the
Equal Treatment Directive precluded the dismissal, and the
ECJ found that it was unfair on grounds of sex.
C.2
R was an engineer on the adventure rides at a funfair,
who underwent gender reassignment and continued to work at
the funfair. She was the only woman amongst a dozen
engineers. R's colleagues ostracised her, insulted and
intimidated her and prevented her from working (for example
by damaging and stealing her tools, refusing to help her
lift heavy loads). R became ill, and when absent following a
suicide attempt she was dismissed. At Industrial Tribunal, R
complained of sexual harassment, which is unlawful under the
Sex Discrimination Act 1975, and was awarded compensation
against the funfair. The Employment Appeal Tribunal
dismissed an appeal by the employer.
C.3
Z worked for a charity under contract to the Prison
Service to give counselling to prisoners to help them stop
using drugs. Whilst planning gender reassignment from male
to female, Z began to wear make-up and more feminine
clothing. Prisoners ceased to volunteer for her counselling
sessions, and the Prison Governor told the charity not to
send Z to the prison any more, as the sessions were not
assisting prisoners. The charity dismissed Z as there was no
other work. At Industrial Tribunal there was dispute over
whether the dismissal was because of Z's transsexualism, or
whether (as the Prison Service claimed) there was a fear for
her safety amongst violent prisoners. Z was awarded
compensation against the Home Office.
C.4
Y, an RAF technician who had been promoted, was
temporarily demoted for a period whilst undergoing gender
reassignment and medical treatment for transsexualism. The
lengthy medical processes and absences led to the demotion
lasting well over a year, at which point the RAF dismissed
Y. At Industrial Tribunal there was dispute over whether the
dismissal was because of Y's transsexualism, or because it
was standard RAF policy to dismiss as unfit for service
anyone who had failed to meet the required standards of the
higher rank for so long a period. Y was awarded compensation
against the RAF.
C.5
X, a female applicant to the police force, had passed
all tests until she had to send in medical references, which
revealed that some years earlier she had undergone gender
reassignment. The police recruiters rejected X. At
Industrial Tribunal there was dispute over whether her
rejection was because of her transsexualism, or because (as
the police claimed) because X would be unable to carry out a
full range of duties. The police specified the duty of
searching suspects' clothes and bodies, for example, a
female suspect could object to being searched by a
transsexual woman officer on the grounds of her being
"really" a man, whilst a male suspect could object on the
grounds that she is a woman. The Tribunal found that X's
rejection was justified and not discriminatory.
Annex D: The Medical Process of Gender
Reassignment
Diagnosis of transsexualism is carried out by a
specialist in this area and may take a matter of months or a
period of years. Preliminary diagnosis is followed by
hormone therapy, and typically after around six months the
physical appearance of the individual will begin to change.
If an individual has not yet changed social gender, they
will be expected to start to do so at around this stage,
though they may maintain their usual gender role at work for
rather longer. An employee can continue to work throughout
this period. At some point over the next few months the
individual will start to live full time as a member of their
"new" sex, and their name and other records will be formally
changed; this is the point of change of social gender, after
which they should for employment purposes be treated as
belonging to their "new" sex. If there are no extraneous
delays, (for example funding problems or waiting lists), the
individual proceeds toreconstructive surgery after one or
two years of hormone therapy. Most transsexual men require
only one surgical procedure (mastectomy), whilst women may
undergo two or three, including complex genital surgery
which is not necessarily a one-stage operation. Most
surgical procedures, with the exception of genital surgery,
require less than 2 weeks absence from work, whilst genital
surgery is more likely to require 2 or 3 months. It should
be remembered that a transsexual person taking leave for
surgery is more likely to return fit for duties relatively
swiftly as they begin in good health, unlike an employee
undergoing surgery as a result of illness or injury. Please
refer to "Transsexualism, the current medical viewpoint" for
a full explanation of transsexualism and the process of
"gender reassignment" [See Annex B].
Annex E: The Effects of Transsexualism on
the Individual
Transsexualism is not a mental illness, and current
medical opinion inclines to the view that gender identity is
innate and that transsexualism is most usefully classed as a
condition of psychological intersex. Its physical cause may
lie in the differential development of the area of the brain
which is essential to biological sex. [2] It affects
an estimated 5,000 people in the United Kingdom. Medical
treatment to enable transsexual people to alter their body
to match their gender identity is highly successful, with up
to a 97% success rate. [3] This process is known
medically as "gender reassignment". By no means all
transsexual people opt for "gender reassignment" at an early
age.
The syndrome of transsexualism was not introduced to the
general medical community until the early 1950s, and its
diagnostic criteria were not published until 1980. This
produces a generational phenomenon, which means some people
have not gained access to diagnosis or treatment until
relatively late in life, whilst others receive care in
childhood and adolescence.
Other personal factors can also affect the decision: a
minority of transsexual people are ambivalent about which
gender they identify with; some adopt a new social identity
and live as members of the sex opposite to that recorded at
birth without ever undergoing medical or surgical treatment;
some people conform to the social pressure to live as the
sex recorded at birth for a large part of their adult lives
before considering gender reassignment. There are no
particular morphologies associated with transsexualism:
individuals occupy the same range of physical, psychological
and personal characteristics as all other men andwomen. An
attempt to apply stereotypes of appearances and/or behaviour
to transsexual people constitutes discrimination.
For the individual, living with transsexualism produces
similar personal responses to those associated with any
other life altering condition. Transsexual people prior to
changing social gender and/or receiving medical and surgical
treatment can live under enormous stress; however once the
issues related to gender identity are resolved, mental
health related problems are no more common in transsexual
people than in the population as a whole. Many transsexual
people wish to keep their transsexual status as private as
possible, whilst others are willing to discuss it either
confidentially or openly. It is important that employers do
not breach the personal privacy of employees, recognising
that the right to disclose or discuss their medical history
is the prerogative of the individual. The principle of
autonomy of disclosure is particularly important in ensuring
that there is no "betrayal of the true essence of that
fundamental and inalienable value which is equality".
[4]
Footnotes
1. European Court of Justice, P v S & Cornwall County
Council (Luxembourg: ECJ, 1996)
2. JN Zhou, MA Hofman, L Gooren & DF Swaab, "A sex
difference in the human brain and its relation to
transsexuality", Nature, 2 November 1995, vol. 378: 6552,
pp. 68-70.
3. Green, R & Fleming, DT (1990) "Transsexual Surgery
Follow-Up: Status in the 1990's, Annual Review of Sex
Research ed. J. Bancroft, vol. 1, 1990, pp. 163-174. Of the
130 F-Ms reported in the study, 97% of the outcomes were
considered to be satisfactory; of the 220 M-Fs, 87% of the
outcomes were considered to be satisfactory. See also
Pfafflin, F & Junge, A (1992) Geschlechtumwandlung
Schattauer, Stuttgart/New York for an extensive survey on
outcome.
4. European Court of Justice, Advocate General's opinion in
the case of 'P v S & Cornwall County Council'
(Luxembourg: ECJ, 1995) p. 13
Last modified: 2000-08-21, CMcN
Authors:
This document was produced as part of the work of UK
Parliamentary Forum on Transsexualism chaired by Dr Lynne
Jones MP. Its authorship was led by the Press For Change
Employment Working Group in collaboration with: Jan Doerfel,
BA, LL.M, PGDL: Chair of the Press For Change Employment
Working Group Susan Marshall, MA, F.R.S.A.: Barrister,
Fellow of Exeter College, Oxford University Dr Zoe-Jane
Playdon: Regional Education Advisor, South Thames Department
of Postgraduate Medical and Dental Education, University of
London Alexander K. Whinnom, MA, PGDip Youth and Community
Work, PGDip Consultancy in the Voluntary Sector: Policy
Officer for Manchester Methodist Housing Association Dr
Stephen Whittle, BA, LLB, MA, Ph.D: Senior Lecturer in Law,
School of Law, The Manchester Metropolitan University
For enquiries, contact:
PFC Employment Working Group
BM Network
London WC1N 3XX
England
Email: letters@pfc.org.uk
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