Trans is the topic of the moment. More and more, the issues that trans people face are reaching national, and even international, headlines. There are many reasons for this, both positive and negative: the increased stature of notable trans and non-binary individuals from Caitlyn Jenner to hitmakers Sam Smith and Kim Petras has meant that the eye of publicity has veered towards the topic.
Meanwhile, controversial laws and proposals concerning it in both the US and UK have been met with condemnation as well as approval, most notably in the cases of Florida’s now-notorious Parental Rights in Education Act put forward by governor Ron DeSantis, dubbed by critics as the ‘Don’t Say Gay’ bill, and the Scottish Parliament’s failed Gender Recognition Reform Bill.
This heightened focus has yielded both gains and losses for the trans community, with some welcoming of the increased public awareness while others prefer that their identities remain a private matter. Nevertheless, the aftermath of this year’s Pride Month serves as an excellent opportunity to examine in greater detail the difficulties and the pressures that trans people face in the workforce, and what businesses can do to remove potential barriers to entry and foster a more welcoming environment.
HR:4UK sat down with multi-award-winning trans ambassador, global inspirational speaker and trans awareness trainer Katie Neeves, recipient of the British Diversity Awards Hero of the Year 2023, to hear her view on the challenges that trans people meet with on a day to day basis, and what companies and individuals alike can do to improve.
The Background
Employers are increasingly waking up to the fact that a happy staff is a productive staff. From local businesses to global megacorps, many companies have shown real commitment to LGBT staff, customers and clients.
However, many LGBT people still feel as though they are not sufficiently supported by their employer – especially trans people. Many still face bullying, discrimination and even outright physical abuse in the workplace, or face barriers to entry that prevent them from employment in the first place.
Others still prefer to hide their identity rather than face the potential ramifications were they to ‘out’ themselves. The situation, while improving steadily, is nonetheless a very difficult one for hundreds of thousands of people in the United Kingdom, and for millions more in the wider world beyond.
This article is designed to help employers and employees understand the challenges that trans people face, and what steps they can take to help others.
The Rainbow Barrier
Back in 2018, law firm Crossland Employment Solicitors conducted a study into transgender workers and their conclusions were beyond shocking[1]. Their key findings were as follows:
- 1 in 3 employers admitted that they were less likely to hire a transgender person
- 43% were unsure if they would recruit a trans person
- 47% of retail and 45% of IT businesses were unlikely to employ a trans person
- Only 3% of the 1,000 polled had an equal opportunities policy that welcomes transgender people
- A mere 4% declared their workplace culture suitable for trans people to ‘fit in’
- 74% of employers have never knowingly employed a trans person
- 77% of employers were wrong when asked which transgender characteristics are protected from discrimination
- 2% of employers offer transitioning at work policies or a gender neutral toilet
- 12% have a zero-tolerance policy on transphobic bullying and harassment in the workplace
- A huge 88% of employers disagree that public and work places should have unisex toilets to accommodate trans people
Each of these survey results hints at serious deficiencies in the world of work. Indeed, not only does it appear that there is a great reluctance to hire trans people in the first place, but also that there is a paucity of information on the part of employers that may exacerbate that tendency. Katie Neeves, trans spokesperson, photographer and founder of Cool2BTrans, had this to say regarding the current statistics: “You may be shocked by that ratio (of employers who admitted that they were less likely to hire a trans person). I’m actually shocked that ratio isn’t higher – most of my trans friends have struggled to get work. (…) I don’t think it’s so much that employers are transphobic or trans hostile, I just think that the subject is too hot to handle and they’d rather not handle it”.
In July 2017, the UK’s government equalities office conducted the largest national survey of LGBT in the world (up to that point) in the form of its National LGBT Survey[2], later published in 2018. Of the 108,000 respondents, 13% were trans, making it the single best example of trans people’s experience by sample size available today.
The government’s findings corroborated that of Crosslands, and also served to highlight some further disparities between the general workforce and trans people. For instance, it found that only 65% of trans women and 57% of trans men had had a paid job in the 12 months preceding the survey, compared to 80% of the wider LGBT community and 75.3% of the population overall[3].
This dearth in employment rates could be a result of numerous factors. These include simple discrimination, an ignorance of the way to effectively and fairly handle trans employees and even an unwillingness on the part of the trans person to apply for jobs where they feel they might be unwelcome. Katie Neeves believes part of the problem lies in a simple reluctance for employers to tackle the issue: “I think the majority of people are neutral on the subject and don’t want to offend. They’re petrified of saying the wrong thing, and there’s just a lack of education on the subject, not enough trans awareness training in the workplace. Some, yes, but not enough. And so often it’s just done as a token gesture.
“If they (businesses) are serious about changing the culture in the workplace it needs to be mandatory. There might not be (the capacity) to do it mandatorily straightaway, it might be a gradual thing. They might do it voluntarily to begin with, and let the words spread – especially if they get an engaging speaker who really engages people and puts humour in it, that way people will enjoy being educated on the subject, and then word spreads and eventually it can be made compulsory.”
The government survey also found that almost 1 in 5 (19%) employed LGBT respondents were not open about their sexual or gender identity at work, with even more not open to senior colleagues (30%) or customers/clients (57%). Katie refers to this as ‘stealth mode’: “Most people haven’t knowingly met a trans person. They will have met loads, yes, but they won’t have always realized it because so many trans people live in what we call ‘stealth mode’.”
According to LGBT campaigners Stonewall in their LGBT in Britain Work Report (2018), a further one in five LGBT individuals (18%) who were looking for work said that they were discriminated against because of their sexual or gender identity, and more than a third are worried about the possibility[4].
Each of these factors contributes to a general hesitancy for LGBT people – especially trans people -before they have even entered the workplace, and goes some way to account for the disparity in employment between trans individuals and the general populace. However, they are far from the only reasons – once trans people do enter the job market, other elements can just as soon push them back out.
Bullying, Harassment and Discrimination
It is perhaps of little surprise that abuse in the workplace is far likelier to affect LGBT individuals, and trans people even more so. Stonewall’s report uncovered the following key findings:
- 12% of trans people have been physically attacked by customers or colleagues due to being trans
- 21% of trans people wouldn’t report transphobic bullying in the workplace
- 18% of trans people don’t feel able to wear work attire representing their gender expression
- 34% of trans people were excluded by colleagues in the year prior to the survey, compared to 17% for the wider LGB community
- 15% of trans people are still not addressed with their preferred name and pronouns while at work
- 11% of trans people have reported losing a job in the year prior to the survey due to their gender identity
- 24% of trans people were passed up for promotion at work in the year prior to the survey, again due to their gender identity
Furthermore, a YouGov poll commissioned by TotalJobs found that up to 65% of trans employees hid their gender status at work and 32% had experienced discrimination while at work[5], while the aforementioned government study found that 23% had experienced negative or mixed reactions in the workplace due to being LGBT. Indeed, up to 11% suggested that they had been ‘outed’ – that others had been made aware of their sexual or gender identity – without their consent.
These figures illustrate the difficulty that trans people face on a day-to-day basis, and highlight the need for greater understanding, tolerance and attentiveness, particularly on the part of upper management.
A Case In Point
Stonewall’s extensive report highlighted a number of appalling examples of bigotry and discrimination in the workplace that shouldn’t go ignored. Take, for instance, the case of Evelyn, 52, from Yorkshire. In her words: ‘A work colleague outed me as trans, referring to me as a crossdresser. I then noticed him telling everyone around him. It became very awkward’.
Or that of Charlie, 24, also from Yorkshire: ‘A work colleague approached someone in my office and told them that I was transgender. It was someone I didn’t know and they didn’t have my permission to tell anyone. My whole office ended up finding out’.
Such instances are not only a severe breach of trust and consent but, as we have learned, can also have deleterious effects on the ability to work of the individual ‘outed’, and may lead to considerable mental anguish or even to them resigning from work altogether. It is important to note that trans individuals can be extremely robust, courageous even, but that even so, discretion is often the better part of valour. As such, it is prudent to ensure that any personal details about the individuals under your employ should be withheld unless said individual chooses to tell others.
Another way in which proactive measures can help avoid uncomfortable situations is by investing in business infrastructure. Take the following case in point: One of HR:4UK’s clients had an issue surrounding a particular trans employee. The individual in question was a pre-transition trans woman (male to female) and ‘presented male’; however, they wished to use the female toilets prior to their transition as they felt it bolstered their sense of gender identity. As such, the individual chose to use the female customer toilets. This caused some discomfort among the customer base, especially as young children often frequented it. However, the business also featured unisex bathrooms for staff, and after reminding all staff to use the staff lavatories, a potentially difficult situation was avoided wholesale.
Effective planning, straightforward but sensitive communication and a refusal to single out any one employee meant that the client was able to smoothly deal with a delicate set of circumstances without causing harm or discomfort to anyone.
For Katie Neeves, the situation was a complicated one. As a celebrated photographer with over twenty years trading under the name ‘Martin Neeves Photography & Film’, Katie was faced with a conundrum: whether or not to change the business’ moniker – and thus all of her previous reviews – or to start afresh.
Instead of either of those two options, Katie took what is possibly the riskiest choice of them all: she made a coming out video to all of her clients explaining her decision to transition and her new name and preferred pronouns. Speaking of her daunting experience, Katie said:
“I just had to treat it purely as a brand name, but detach myself from the brand. Instead of being Martin from Martin Neeves Photography & Film, I would be Katie from Martin Neeves Photography & Film, even though I was the only person working at that brand. So, what I did is make a coming out video, sent it to all my clients and my social media. Go big or go home! So I’m standing there all red-eyed and you can see how stressed I was. It was horrible. I was worried about the reaction; as a self-employed person, I wasn’t protected by any employment laws. So if my clients had an issue with my being trans then the phone would stop ringing. I’d lose all my income. My clients, my reputation: everything gone. I can’t impress upon you how big of a risk it was.
But I needn’t have worried. When I got back, I was inundated with calls and messages of support. It was amazing. Then I started vlogging my journey, to bring people along with me, demystify the whole process, make it accessible and in doing so do two things: One is to reach out to other trans people to let them know that it’s okay to be trans – because it really is – and the other is to educate everybody else on the subject and just to show that trans people are just ordinary people who want to be happy. And that’s all it is. That is the only reason we transition, is just to be happy.
(…) I think I did my best to mitigate any negative effects of it (coming out). I did lose some clients, even though I approached it as I did, and it wasn’t predictable which ones I lost either. Some that I thought I would lose are kept, and some that I thought I would keep I lost. It wasn’t predictable at all.
So while at the time I missed the income of the ones that I lost, I then thought I only want to work for nice people. I don’t want to work for anybody who doesn’t really get it and doesn’t support you because that would be miserable. And so in the end, I think, well, actually they did me a favour by leaving me because I think well actually, in the end of it, it opened up the way for me forming Cool2btrans, and if I’d still been as busy as I was then with the photography, I would’ve had no time to form Cool2btrans. Now it’s pivoted right over, where I don’t do much photography (…) now with Cool2btrans I’m speaking to organisations all over the world now doing this and I absolutely love it.”
Katie’s choice was undoubtedly a brave one, and, for someone with an already high profile, one that came with considerable peril. However, other trans people have not been as fortunate, as the data suggests.
So, what practical steps can businesses take to welcome trans people in the workplace?
What Steps Can Employers Take?
Katie mentions a great number of key ways that organisations can take in order to be more trans-inclusive which include not just policy changes, but structural steps and even minor tweaks that can greatly enhance the quality of life for trans employees.
In addition to the previously mentioned trans-awareness training, Katie recommends the following:
Policy Prescriptions
A Transition-at-Work Policy
A robust policy that helps employees transition while at work without worrying about the professional consequences is a fantastic choice for businesses seeking to become trans-inclusive, and would no doubt be of huge appeal to potential trans staff. Such a policy could include paid leave for medical appointments, gender confirmation medical treatment on the company health insurance and an open, understanding attitude towards those seeking to transition.
Trans Harassment and Discrimination Policies
Having explicit injunctions against anti-Trans discrimination and harassment in place in the company code of conduct is a great way to ensure that trans employees feel safe and protected in the workplace.
Buy-in at Board Level
For any changes to be effective, there has to be a culture of inclusivity, and it must come from the very top. Board-level policies surrounding trans acceptance are an absolute must for companies serious about changing their wider culture.
Flexible Dress Code
A more accommodating dress code – though not a unisex one – is another great way to ensure that trans staff feel comfortable in what they’re wearing.
Statement of Trans-Inclusivity on Website/Job Adverts
If potential employees are witness to statements of allyship right from the get-go, then they’re far likelier to opt in to the culture, the ethos and the aims of the business in its totality. Their commitment to the organization is then strengthened and affirmed from the very start.
Anonymised Application Process
Not just trans but a whole host of BAME individuals stand to benefit from an anonymised application process, which has been shown to reduce discrimination in the hiring process[6].
Travel Risk Assessments
If your staff frequently travel, it can be a wise choice to send staff to LGBT-safe destinations and ensure secure transfer from airports to hotels and work sites.
Extension to GDPR
Anonymous data collection and analysis which uncovers the protected characteristics of your staff so that you can measure the progress of your changes and adjust accordingly.
Structural Changes
Gender Neutral Toilets/Bathrooms
Where possible, constructing a gender-neutral lavatory space can be an excellent step in ensuring parity between any and all gender identities in the business. Having sanitary bins in all cubicles can also help trans individuals feel more comfortable. This need not be a costly process: as Katie suggests, “(it can be as simple as) changing the signs on the doors. One says cubicles, the other says cubicles and urinals”. This simple bit of ingenious ‘rebranding’ can make sure that all members of staff, not just trans people, feel catered for, and at a negligible cost.
Trans Mentors
Enacting a buddy or mentorship system for trans staff can be an extremely valuable way to make sure that they feel valued, respected and integrated into the current company set-up. Having someone to confide in and be reassured by is a fantastic way to onboard any person into your organization – with trans people, even more so.
Support for Family of Trans People
Extending your support to the wider family of your trans employees can also be a way to really consolidate your relationship with them. Transitioning can be a difficult and lengthy process which affects not just the individual in question but also those surrounding them. By offering them your organisation’s reassurance, you guarantee mutual backing for years to come.
Tweaks and Tips
Encourage Pronoun Use
While it need not be explicitly mandatory, urging people to use their preferred pronouns on their email signatures and social media profiles can be an inexpensive and simple way to empower your trans colleagues. As Katie puts it, “as gender non-conforming people, it really makes our day when we have our identity validated by people using our correct pronouns (…) you might think, ‘oh, it’s just a little word’, but it means a lot”.
Create Staff Pride Groups and Events
By offering a more social aspect to your workplace culture that is inclusive of LGBT people, you can foster a more welcoming culture that puts staff at ease knowing that their identities are not just tolerated, but celebrated.
Incorporate LGBT into Main Events
Pride month is a great way to bring LGBT issues to the fore, but all too often businesses can be accused of what Katie refers to as ‘pinkwashing’, wherein a business will deign to talk about the difficulties LGBT people face but do so in a limited, time-specific way which is then quickly forgotten. By incorporating representation across the board, LGBT staff are more likely to feel welcomed all year-round, not just during Pride.
Showcase LGBT Media
Posters, lanyards, email footers, pamphlets and support materials are all excellent ways to show your business is committed to nurturing a safe work environment for trans people and others.
The Added Value of Trans People
As the generations go by, the population of trans individuals keeps on increasing. According to Stonewall’s Rainbow Britain Report, from the Baby Boomers to Gen X to Millennials to Gen Z, the number of gender non-conforming people doubles every generation and currently stands at 4%[7].
It stands to reason, then, that business ought to recognize the additional and unique merit that trans people bring to the table. Chief among these is, according to Katie, a sense of loyalty like no other. As she puts it: “Given the chance to succeed, most trans people would give 100% to their employers, because absolutely, as a trans person, if you find a supportive employer, why on earth would you put yourself through all the anxiety of applying for (another) job?
“A new place of work where you don’t know what the culture is like, you don’t know whether you can get bullied out of a job… You wouldn’t (look elsewhere). You’d stay in, give 100%, and probably be the most loyal employee that the employer has ever had.”
What’s more, trans individuals offer a distinct perspective on life, and more diverse workplaces are proven to showcase better opportunities for creativity and problem solving and smarter decision-making as a result of processing facts more carefully[8].
Furthermore, research by McKinsey & Company suggests that companies in the top quartile for gender diversity on their executive teams are 15% more likely to generate above-average profitability[9].
Lastly, an enhanced reputation for the business as well as reduced rates of staff turnover are likely to be the long-lasting effects of crafting a broad-minded and accepting workplace environment. Thankfully, as Katie suggests, big businesses are more ahead of the curve on this issue than most others: “The people who have really got their finger on the button are big corporations and advertisers. They know what the general public think because it means money to them. Big businesses know the value of inclusion and they’re going to go with it – it’s the media and government that are lagging behind, and they’re going to have to get with the program”.
[1] Crossland Solicitors (July 2018). Transgender Discrimination in UK Workplaces. https://www.crosslandsolicitors.com/site/hr-hub/transgender-discrimination-in-UK-workplaces
[2] Government Equalities Office & The Rt Hon Penny Mordaunt MP (3 July 2018). National LGBT Survey: Summary Report. https://www.gov.uk/government/publications/national-lgbt-survey-summary-report
[3] Office for National Statistics (ONS) (16 October 2018). UK Labour Market: October 2018. https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/bulletins/uklabourmarket/october2018
[4] Bachmann, C. & Gooch, B. (2018) LGBT in Britain Work Report. https://www.stonewall.org.uk/system/files/lgbt_in_britain_work_report.pdf
[5] TotalJobs (2021) Trans Employee Experiences Survey. https://www.totaljobs.com/advice/trans-employee-experiences-survey-2021-research-conducted-by-totaljobs
[6] Rinne, U. (2018). Anonymous Job Applications and Hiring Discrimination. https://wol.iza.org/articles/anonymous-job-applications-and-hiring-discrimination/long
[7] Kelley, N. & De Santos, R. (2022) Rainbow Britain Report: Attraction, Identity and Connection in Great Britain in 2022. https://www.stonewall.org.uk/system/files/rainbow_britain_report.pdf
[8] Phillips, K.; Liljenquist, K.; Neale, M. (December 29th 2008) Is the Pain Worth the Gain? The Advantages and Liabilities of Agreeing with Socially Distinct Newcomers. https://journals.sagepub.com/doi/abs/10.1177/0146167208328062
[9] Hunt, V.; Yee, L.; Prince, S.; Dixon-Fyle, S. (January 18th 2018) Delivering Through Diversity. https://www.mckinsey.com/capabilities/people-and-organizational-performance/our-insights/delivering-through-diversity
