Ensuring Equal Access for Transgender Applicants and

Students in the Job Corps Program

Johnetta DavisOffice of Job Corps

Wesley Garson & Robin RungeCivil 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 CRCCivil Rights CenterATTENTION: Office of External EnforcementU.S. Department of Labor200 Constitution Avenue, NWRoom N4123Washington, DC 20210http://www.dol.gov/oasam/programs/crc/external-enforc-complaints.htm Fax: (202) 693-6505Email: 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 InformationJob 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?