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Tips for LawyersWorking withTransgender Clientsand Coworkers

Trr L Ctr

info@transgenderlawcenter.org

p 415.865.0176 f877.847.1278

.trrlctr.r

Photo credit: Allison Palitz (front), Eugenie FitzGerald (back)

Transgender Law Center 2011

Trr L Ctr advocates incourtrooms, boardrooms and legislaturesas the legal and policy heart of thegrassroots movement to create a worldwhere people who dont t narrow gender

stereotypes are free from prejudice and we can alllive as our authentic selves.

a procedure that has nothing to do with their transi-

tion. Many employers are recognizing this inequalityand entering into health insurance contracts that

do not exclude transition-related care. Advocate for

your workplace to offer inclusive health insurance

policies to employees.

4. R es peC T C on f ide n Tia L iTy a n d pR iv a C y . Itis almost never necessary to disclose a persons

transgender status to clients or other coworkers.In addition, it is never appropriate to do so without

permission from your transgender coworker. Also,

it is also generally inappropriate to ask a coworkerquestions about their private medical history or

treatment. Such inquiries may violate HIPAA privacy

rules. If you have information about the health carethat someone has received as part of their transi-

tion, do not freely share it with anyone else unless

your transgender coworker has given you permission

to do so.

5. HeLp C ow oR keR s w Ho a R e Ha v in g TR ou bLew iTH a n oTHeR empLoyee s TR a n s iT ion . It is impor-tant that coworkers support one another in respect-

ing a transgender coworkers gender identity. When

a transgender person transitions on the job, it cansometimes be difcult for coworkers to remember

to use the correct name or pronoun. If you hear a

coworker using the wrong name or pronoun, talk to

them about it. It is likely just an unintentional slipand they will appreciate the reminder. If you hear

coworkers making inappropriate comments about

a transgender coworkers appearance or medical

history, it is important to intervene in a respectful

way. In most cases, coworkers genuinely want to beaccepting and supportive of transgender coworkers

and may simply not be fully aware of how to d o so.

6. don T a s s u me THa T you R TR a n s g en deR C o-w oR keR s kn ow a bou T a LL TR a n s g en deR is s u es

oR w a n T To w oR k on TR a n s g en deR C a s es . While

some transgender employees may have a special

interest in working on or discussing transgender-re-lated issues, others may not. If you have a coworker

whom you know to be transgender, make sure that

you arent expecting them to have all of the answers

or to do your research for you. Expec ting a transgen-

der person to be the companys expert on all thingstransgender is both an unfair burden on that person

and can inadvertently tokenize them.

Trr L Ctr is

changing the law and

transforming the legal

system to allow us all to be

who we are. For support inworking with transgender

clients or transgender legal

issues, please contact us.

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working withtransgenderclients

Transgender clients are not fundamentally

different from non-transgender clients. They havethe same need for respect, ef fective representation,and returned phone calls. Most often, the unique

challenges they face originate from discomfort on

the part of others. For some transgender people,

previous experience with discrimination may leadthem to be wary about opening up to a lawyer. This

barrier may be something you will need to overcome

in order to provide effective representation. Here are

some things to keep in mind when representing atransgender client:

1. iT is n T a Lw ays a bou T a p eR s on s TR a n s g en -deR sTaTus. Sometimes the legal challenge facinga transgender person is unrelated to their gender

identity. It is important not to focus so narrowly on

the fact that a person is transgender that you end upmaking that characteristic more important than the

actual reason the person is seeking your services. It is

important that you help your client focus on the real

issue and avoid focusing on their gender identity ifthat is not the core legal issue.

2. be a w a R e of a s s u mpTion s you a R e ma kin ga bou T a peR s on s g en deR . It is very common to

assume that you know a persons gender or genderidentity based on sex stereotypes. However, somepeoples gender or gender identity is not immediately

evident, or is different from what you may assume

or expect. Transgender people in particular may not

conform to narrow gender stereotypes. If you areunsure what a persons gender identity is, ask them

(privately, if possible) what name and pronouns they

would like you to use, and how they would like to be

addressed.

3. R ea C H ou T To a TToR n eys w Ho Ha v eex peR ien C e w oR kin g w iTH TR a n s g en deR is s u es .

Because so many legal issues concerning

transgender people are issues of rst impression or

are still being developed, it is important that you

connect with knowledgeable attorneys as you beginto frame your legal arguments. In other cases, there

may be an established approach to recurring issues,

but one that is not well know n outside of the com-

munity of advocates who specialize in transgenderissues.

4. u s e THe C oR R eC T n a me a n d pR on ou n in a LLC oR R es pon de n C e , Cou R T pa peR s , a n d s eTTLe men T

a g R eemen Ts . Except in extremely rare circum-

stances, it is very important that you use the name

and pronoun that corresponds to a persons gender

identity (for example, use male pronouns if yourclient has transitioned from female to male). In ad-

dition, your client may choose to use a name that is

gender-neutral or associated with the gender that is

different from the pronouns he or she prefers. It isimportant to be aware of and respect this decision.

Also, it may be necessary to foo tnote the persons

prior name in a document, or to clarify in an initial

letter that the recipient of the letter may know yourclient by their prior name or gender but that you

will be referring to the client by their current name

and gender. It is also important that you respect-

fully urge opposing counsel, court staff, and judicialofcers to do the same.

5. ma ke s u R e you R of f iC e Ha s TR a n s g en deR -f R ien dLy poL iC ies . Your intake forms should

account for a person having an AKA name andshould encourage or allow people to identif y theirsex based on their current gender identity. Your

restrooms should be accessible to people based on

their gender identity (as opposed to their birth sex

or genital anatomy). Where possible, it is always agood idea to have a gender neutral restroom option

available. However, use of a gender-neutral bath-

room should be an option for anyone w ho wishes to

use it; a transgender employee or client should notbe forced to use a gender-neutral bathroom. Finally,

your co-workers should be trained in basic

transgender cultural competency including theimportance of using preferred names and pronouns.

Transgender people are employed in every industry

and profession throughout the country. As a com-munity, however, transgender people face frequent

employment discrimination, which leads to high

rates of unemployment and underemployment.

Ensuring that your workplace is one in which allemployees can fully participate is vital to combat-

ing discrimination and will also help to ensure that

you can provide competent services to transgender

clients. Here are some ways to ensure thattransgender coworkers feel welcome:

1. C R ea Te mea n in g f u L a n d en f oR C ea bLe n on-dis C R imin a Tion poL iC ies .It is important to havea general statement of non-discrimination that

includes transgender people. It is even more helpfulto provide specic guidelines explaining what non-

discrimination means in this context. Such guide-

lines would include information about the need to

use a persons correct name and pronoun, restroomaccessibility, and condentiality.

2. Ha v e s Ta f f TR a in in g s . Whether you know thatyou have a transgender employee on staff or not,it is important to have staff trainings on the issue.

Some transgender employees may not be out

about their transgender status and some may havetransitioned years before coming to the company.In addition, while most staff want to be supportive

of transgender coworkers, many will need guidance

on how to do so. Trainings are a much more effec-

tive way of creating a respectful environment thansimply relying on written policies.

3. of f eR in C Lu s iv e Hea LTH in s u R a n C e. Manyhealth insurance policies specically exclude

coverage for transition-related care. These exclu-

sions often prevent transgender employees from

obtaining medically necessary care such as hormonereplacement therapy. Exclusions may even jeopar-

dize a transgender employees ability to get care for

(continued)

working withtransgendercoworkers