by Mary Qualls & the CultureAlly Team

Marsha P. Johnson and Sylvia Rivera are credited as veterans of the Stonewall Uprising, which occurred in Greenwich Village, New York. In 1969, a police raid took place in the early hours of the morning at Stonewall Inn. Patrons refused to cooperate with dehumanizing identification practices and shortly thereafter a violent scuffle ensued. Johnson and Rivera were in attendance, and some historians insist that they threw the first bricks at police officers.

Johnson and Rivera were queer, self-identified drag queens of color (now recognized as transgender women) that fiercely advocated for gay liberation. Despite being at the forefront of the movement, these women were often rejected by their LGB peers.

To this day, transgender individuals (particularly transgender women of color) experience discrimination from all angles. They are not accepted by the heterosexual, cisgender and queer communities. They are left without a supportive community of their own. This treatment renders the transgender community susceptible to violence, discriminatory laws and insufficient healthcare among other atrocities. This is entirely unacceptable, as transgender rights are human rights.

March 31 is International Transgender Day of Visibility.

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Who is Included in the Term “Transgender”?

When thinking of transgender individuals, people often think of transgender men and women who do not identify with their assigned sex at birth. However, there are other individuals whose gender identity does not align with their assigned sex at birth; they may identify as male and female or they may not identify within the gender binary at all. These individuals describe themselves as genderqueer and non-binary, respectively. There are a host of other gender identities that are included in the term “transgender”, but the aforementioned are perhaps the most common.

Violence Against Transgender Individuals

Since 2013, the Human Rights Campaign (HRC) has tracked violence against transgender and gender non-conforming people. According to the HRC, hate crimes against this group are often unreported or misreported, resulting in inaccurate data. A report has been produced each year detailing their findings. Thus far, 2021 has seen the deaths of approximately 28 transgender and gender non-conforming (GNC) individuals. In 2020, a total of 44 transgender and GNC people were murdered. The number of fatalities in 2020 was record breaking, according to the HRC. And in 2019, approximately 25 transgender and GNC people were murdered. More often than not, Black and Latinx women are targeted making this an intersectional issue.

The Struggle for Human Rights

The Bathroom Bill

In 2021, Republican Governor Bill Lee of Tennessee signed a bill targeting transgender individuals. As of July 1, 2021 businesses and government facilities will be required to inform patrons that they allow transgender individuals to use bathrooms and locker rooms that align with their gender identity. The sign posted outside of these areas will say: “This facility maintains a policy of allowing the use of restrooms by either biological sex, regardless of the designation on the restroom.”

Several days prior to signing the aforementioned bill, Governor Lee signed legislation that negatively impacts transgender folks in public schools. It prohibits the use of bathrooms and locker rooms that do not align with one’s assigned sex at birth. Public schools and their districts will risk losing civil lawsuits if they allow transgender students and employees to do so. There have been several attempts by other states (e.g., North Carolina) to enact similar laws with equally inappropriate repercussions.

The Transgender Military Ban

Transgender individuals were effectively banned from the military under the Trump administration. Transgender people in the process of medically transitioning (e.g., hormone therapy and gender-affirming surgery) were not allowed to enlist. And transgender troops were made to serve as their assigned sex at birth. Soldiers had to discontinue hormone therapy and they were barred from gender-affirming surgery. This declaration came three years after the Obama administration welcomed transgender troops with open arms. They were allowed to receive hormone therapy, undergo gender-affirming surgery and receive psychological care.

Healthcare

For transgender people, access to appropriate healthcare has always been difficult. According to The Commonwealth Fund…

1 in 5 transgender individuals are uninsured
48% of transgender individuals have postponed medical care
50% of transgender individuals have avoided preventative care
40% of transgender individuals have made their medical providers aware of their transgender status
28% of transgender people have been verbally harassed in a medical setting
19% of transgender people have been refused medical care

In 2020, the Trump administration attempted to reinterpret Section 1557 of the Affordable Care Act. As of 2016, Section 1557 was understood to prohibit discrimination based on gender identity. The policy, which was blocked by a federal judge, would have reversed course allowing for discrimination against transgender people looking to receive healthcare that aligned with their gender identity.

Discrimination Against Transgender Employees

In the workplace, transgender people face verbal and physical harassment, they are often denied employment and promotions and they may be fired for their gender identity. In 2020, Harvard Business Review conducted a daily survey for two weeks. They interviewed 105 transgender employees in the United States. The data found that 47% of employees experienced discriminatory behavior on a daily basis. Discriminatory behavior can cause a decline in productivity, communication and collaboration. Should such behavior continue for an extended period of time, employees are subject to resign. In 2012, the Center for American Progress reported that replacing employees due to discrimination costs businesses approximately $64 billion dollars each year. The majority of employees that resign are transgender.

How to Support Transgender Employees

Establish gender-neutral bathrooms in your workplace. Or, allow transgender employees to use the restrooms that correspond with their gender identity. This will show employees that their comfortability and safety is of the utmost importance to your company.

Encourage diversity training that addresses the LGBTQIA+ community and transgender individuals in particular. Such training will broaden the horizons of your heterosexual and cisgender employees, teaching them how to create a welcoming environment for their colleagues.

Provide employees with a range of options that comply with your company’s dress code. For example, allow employees of any gender to wear pantsuits, skirt suits, dress shirts, blazers, blouses and the like. This will help de-stigmatize gender norms with regard to clothing in the workplace.

Take note of your employees’ names and pronouns so as to address them appropriately. Some transgender individuals identify within the binary and prefer she/her or he/him pronouns. Other transgender individuals may be genderqueer and prefer they/them or ze/zir pronouns. This practice will show employees that you respect and acknowledge the validity of their gender identity.

Develop a comprehensive program that allows employees to transition seamlessly. Ensure access to LGBTQ-friendly healthcare so that they may medically transition if they so choose. Discuss with employees how they would prefer to handle their transition with regard to the workplace. Let them know that they have your unconditional support as a leader. Educate your human resources department so that they are prepared to provide resources for transgender employees. And, consistently move toward an all-inclusive work environment. These steps will ease the anxiety of transitioning in the workplace.

Equality and Equity for All

Transgender rights are unequivocally synonymous with human rights. Violence and discrimination against the transgender community must come to an end. Friends, family and employers must demonstrate their respect for transgender folks by creating an inclusive environment. As a leader or colleague, it is important to educate yourself about the experiences of transgender people. The workplace should be a safe space where employees can express their gender identity without fear of repercussion. This will result in a more productive and collaborative workforce.

Transgender Rights are Human Rights