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Labor & Employment Law

: Jottings By An Employer's Lawyer

Transgendered Workers in the Mainstream Press

By Michael W. Fox, Esq.

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Transgender Workplace Diversity has a post about a Fortune Magazine article about the most vexing workplace issue for employers of transgendered individuals, neatly encapsulated in the title, When a staffer switches genders. The story is about how the change happened in one small business. On Tony (formerly Ann) Ferraiolo's first day back,

Madison owner and president Steve Schickler walked in and sat down. "So you're a 'he' now, right?" Schickler asked. Ferraiolo nodded. "Good enough," Schickler said briskly. "I'll let the managers know."
For Schickler, 50, there was no question about what would happen next. Ferraiolo would continue to supervise more than half of the plant's 50 employees. Life would go on as before, with one small difference: Ferraiolo would no longer use the ladies' room.

Besides 'tolerance' the article has some other suggestions on managing the transition.

One interesting note in the article, 322 major companies have added gender identity to their diversity programs. One small mistake is the statement that the first court to recognize protection for transgendered employees under Title VII was a DC District Court case brought by an employee of the Library of Congress last year. In reality that honor goes to the 6th Circuit decision Smith v. City of Salem, almost five years ago, see Transsexual Discrimination - By Definition Sex Stereotyping and Actionable Under Title VII.

Full post as published by Jottings By An Employer's Lawyer on April 27, 2009 (boomark / email).