I know transgender laws protect us from being fired, but what about contracts?

[Melissa Jill]

Im currently on a 12 month contract. Apparently at the moment the company Im with are looking to make all contracts permanent, but Im worried that if in a few months I come out that Im trans they may not renew my contract just because they don't want the hassle (to be honest, who can blame them). At a guess I would say I have no legal leg to stand on as they have absolutely zero obligation to extend my contract. But I thought it best I ask here first.

[GemmaB]

As far as I know the company would not be under any obligation to rehire you after the contract has finished. As the contract is over a new one needs to be set up with its own conditions.
However, that is not to say that they would not rehire you! they may be more open minded than you think.

(Im no lawyer, but have done a short course on contract law)

[Melody1985]

They may be open minded...

But unless it's absolutely necessary to come out, I don't see why you would want to or feel you have to. (Unless you are about to undergo surgery, or doing something that will make it obvious like going full time).

Other than that, I don't see why it would be necessary in a contract based environment.

[jillleanne]

A binding contract is just that, binding. Unless stipulated in the original contract, once the contract is completed, neither party is bound by any terms or conditions, meaning the company can say goodbye to you without harm. Unless there are specific terms in any contract as to any dress code, appearance, etc., the company must allow you to appear however you wish. Should the company breach the contract by telling you not to return to work because of your appearance, your only recourse is to sue them for breach of contract. Melissa just keep in your mind, the company can do anything it likes, just as you can also. The real question is, do you want to possibly, take the time to sue them over something that could have been avoided by using some level of compromise? Transgender laws protect everyone to the point that says you are protected. They cannot physically prevent someone from being fired. The laws simply provide recourse for you in the event you are wrongfully dismissed, which you must be willing to prove in a public court of law. The laws appy to people, not contracts. Even if they allow you to complete the initial contract, en femme, they do not have to hire you for another contract regardless of how you appear. Frankly, I think you should be asking your manager this question, if only as a hypothetical question. Maybe ask it by saying," I have a friend that works uptown for a company that................ and he/she is transgender and came out to her boss and..........."

[Nigella]

OK, first of all there are two points to your post.

First as you have stated, your contract is for a defined period of time, the company you are employed by have no legal obligation to extend that contract. If they decide to offer you a "full" contract, you, and they would be bound by the terms and conditions of the new contract. The contract cannot be changed without the consent of both parties. In theory this is great, but in practice if the company want to change the contract, they will do it and you will then have to decide if the new contract is acceptable to you or not.

The other aspect of the post is your status as transgender. The company is bound by law in respecting your rights, a contract cannot erode your legal rights, the law/legislation sets out the minimum standards, your contract can improve on them, but cannot degrade them. Personally I would not divulge my transgender identity whilst under what is ineffect a temporary contract. As you have said, the company are not likely to offer a new contract due to the potential hassle, not with you, but with the rest of the workforce.

If you are offered a new "full" contract, check to see if there is a probationary period, wait until that is over before you divulge your transgender identity.

A final piece of advice, from a former trade unionist but still member, if you are not in a trade union, get in one, they have the knowledge, understanding and experience of fighting for your rights.

[Marleena]

Melissa, I would not come out as TG in those circumstances. We all know being TG in the workplace can be disruptive because of ignorant/intolerant employees. I agree with the others to keep it under wraps unless you need to transition, that is a game changer.

We are still misunderstood and not readily accepted by society it's just the way it is.

[DonnaT]

The Equality Act of 2010 (http://www.legislation.gov.uk/ukpga/2010/15/contents) has trans protections under "gender reassignment", not crossdressers/transvestities.

http://www.legislation.gov.uk/ukpga/2010/15/section/7

Gender reassignment is defined in the regulations as “a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process”. This means that an individual does not need to have undergone any specific treatment or surgery to be protected by the law. It is the process that matters.

For getting advice, see also, http://www.equalityhumanrights.com/advice-and-guidance/your-rights/transgender/trans-issues-getting-advice/

[Nigella]

within the UK, the law is written by parliament, however, it does not end there. As time progresses the written law is challenged by individuals in various courts of law, the rulings made within these courts then define the law, this is known as case law.

Whilst again I am not a lawyer, my laypersons understanding is that a person only has to declare that they are transgendered and "intends" to undergo some form of therapy to change gender, to be considered as protected.

Whilst a company cannot dispute this fact, they can request evidence of the fact that they are transgendered.

As with any legal matter, only a trained person can clearly identify the meaning of the law as it stands at any given time.

[Brynn_A]

Here in the States, the answer can vary greatly from state to state. Where I live, there is no real protection even if there were, it could be easily circumvented. Here, I can not fire an emloyee because they are Catholic/black/old..I can fire them because they have brown hair and I don't like brown hair today. Is it fair? Not at all..just the way it is.

[Badtranny]

Melissa,

Transitioning on the job is tricky but certainly possible as long as you keep your wits about you. The old school method of "guess what I'm a woman now, deal with it" is generally not advisable in my hardly ever humble opinion. ;-)

In your case, I would hold off on the professional transition until you're able to secure a more permanent position. In my case, I'm waiting for FFS before I transition professionally because my position demands that I be taken seriously and I think that will be easier with a female face. Your circumstances may vary but please realize there is no reason to rush things at work.

Some would disagree, but unless they're willing to give you a regular paycheck, you need to balance what's best for you with what's best for your career.

Come out to colleagues, and friends, and clients but don't do anything official (or foolish) until you have a bit of security.

P.S. I'm OUT as openly transitioning, so everybody knows what's happening, but Ms Hobbes won't make her professional debut until my man face is fixed.

[Badtranny]

..I can fire them because they have brown hair and I don't like brown hair today. Is it fair? Not at all..just the way it is.

Um, California ia an "at will" state as well, and theoretically I can dismiss anyone for NO reason. I can assure you, that if I listed "brown hair" as a reason for termination, there would be some legal issues to contend with. Plus HR would not be very happy with me. ;-)

The larger issue is that even WITH gender expression being protected here in CA, there are still ways to get rid of me. Would I have a case? Maybe.

[Acastina]

As an attorney who has done a lot of research over the years in this area (for personal, not professional, reasons), this is my take. I don't know about UK law, but our legal system is derived from yours, and the question is of general interest on both sides of the pond.

If it's a contract of employment, such as a CEO might negotiate with a corporation, you're an employee and entitled to the protections of whatever anti-discrimination laws exist in your jurisdiction. We're not protected yet under federal law, but a growing number of states do include gender identity, gender presentation, and perceived gender among the protected categories (race, sex, religion, etc). In those states, you are protected from employment discrimination (refusal to hire, firing, demotion or denied promotion, salary, perks), but, as others have noted, litigation is a bit like pulling teeth in slow-motion. Having a theoretical right is one thing, but enforcing it in the real world is quite another.

If, on the other hand, you are an independent contractor and not an employee, your status is governed by the terms of your contract. Direct supervisory control is the primary distinguishing characteristic of employment, whereas a contractor provides (usually specialized) expertise to a company that probably also has employees doing similar work. One of the best modern examples is software experts who go to work for the duration of a project without becoming regular employees. In practice, it can be hard to clearly distinguish the two, and the abuse of "contract work" in the US economy is rampant, as contractors don't get FICA (Social Security) contributions or fringe benefits from the company (saving them a lot of labor costs). So people who are functionally employees are on their own to pay self-employment taxes and prepare for their income taxes without forced withholding from their paychecks.

Most contracts, at least those drawn up by competent employment counsel, will contain some kind of "morals" or "satisfactory performance" clause that allows the company a lot of latitude in deciding whether to retain or dismiss a contractor. One could argue that, where a contractor is the functional equivalent to an employee, the applicable labor laws should also protect the contractor from discrimination, but then you're back in court for years *if* you can find an attorney willing to pursue the theory in your case.

My advice would be, if you have a strong relationship with your company, sit down with your supervisor and someone from HR and try to clear the air. A discreet clause could be included in your contract to make clear that you won't be terminated on that basis.

If you're not confident enough for that approach, your best bet is probably to do exemplary work and make yourself too invaluable to cut loose for personal reasons, then hope for the best while keeping your résumé current...

Good luck.

[Lynn Marie]

As far as I can see, no one should ever try to force their employer into accepting something that they may not want to accept. It just doesn't make any sense to rock the boat any more than is necessary. We all get older and slow down as time goes on, we have medical issues that affect our work, and family and home issues that affect us and our work too. Normally our empoyers are willing to balance a few difficulties with the value that we contribute to their business.

Just living life causes our employers to have to adapt to us, but as long as we are considered valuable employees they live with it. It's hard to get good help no matter what the economy. It's sort of like a stab in the back when a valuable employee does a personality or gender switch or any other extraordinary change of behavior. Naturally there is a point at which any employer will feel they have had enough of the changes. The relationship between you and your emplyer will change and you will no longer be a valuable emplyee, but a liability to the business. Legal issues aside, you can expect some really major attitude changes to say nothing of being let go at the first opportunity.

[Acastina]

Um, California ia an "at will" state as well, and theoretically I can dismiss anyone for NO reason. I can assure you, that if I listed "brown hair" as a reason for termination, there would be some legal issues to contend with. Plus HR would not be very happy with me. ;-)

The larger issue is that even WITH gender expression being protected here in CA, there are still ways to get rid of me. Would I have a case? Maybe.

You're partly right, Bad. An employer in an "at-will" jurisdiction can indeed fire you for any reason, other than a forbidden reason, and it can't use something else as a pretext for illegal discrimination. To use an obvious example, if an employer fired an African American because his skin was too dark and his hair too curly, that's a pretext for racial discrimination.

When i was living full-time in the 1980s, I worked for a public university agency and was fired when my supervisors went snooping and confronted me with a pretext. Discrimination on any arbitrary status basis is unconstitutional in California (equal protection of the laws), so I sued them, representing myself. Three years later, they paid me $10k to go away, so there is some hope through litigation. In the meantime, I had found a better job with a mature and nonjudgmental company that had already had a TS transition on the job, so there's hope for that, too. This was all a quarter-century ago, and things are definitely better for folks like us these days.

[Badtranny]

You're partly right, Bad.

well, I'll take that and quit while I'm ahead. I sure as hell ain't gonna argue labor law with a lawyer. ;-)

Do you work in the city?

[Rianna Humble]

The Equality Act of 2010 (http://www.legislation.gov.uk/ukpga/2010/15/contents) has trans protections under "gender reassignment", not crossdressers/transvestities.

Given the location of the discussion, I think it is a reasonable assumption that Melissa is using the term "trans" as an abbreviation for transsexual.

As you rightly point out, since the 2010 Act you have to have engaged in the process before you are protected, but unlike the previous Act, you do not have to have attained any given stage in the process. Therefore if Melissa has discussed this with her GP with a view to getting a referral for Gender Counselling, she is protected by the Act.

@Melissa, I would agree with those who have suggested keeping your head below the parapet until you know that you are to be offered a permanent contract. At this point if you reveal your intention to transition and they revoke the offer, they will be in breach of the Act for treating you less well than someone who is not TS. For safety's sake if you can wait that long, you may prefer to wait until the end of your probation.

One piece of homework that you could do, is to check your prospective employer's Equalities Statement

[Debglam]

A lot of good advice here Melissa.

A couple of points I think you should pay close attention to.


A final piece of advice, from a former trade unionist but still member, if you are not in a trade union, get in one, they have the knowledge, understanding and experience of fighting for your rights.

Agree completely!


As an attorney who has done a lot of research over the years in this area (for personal, not professional, reasons), this is my take. . .

Very sound advice. I would add, as an attorney also, to document everything if you do decide to come out at work. Meetings, conversations, times, dates, etc. Keep a notebook.

Good luck,
Debby

[Badtranny]

As far as I can see, no one should ever try to force their employer into accepting something that they may not want to accept.

I disagree with this so much I don't even know where to start.

How would we ever transition if we cowered in fear over upsetting the lord and master employer? If I had asked first, my boss would have told me to forget it. No I didn't ask, I told them what was happening and I offered to make it as easy on the company as I could. They don't like it, and they don't want it, but all I need is for them to deal with it and give me a chance, ...and thankfully they are.

I'm not going to ask ANYONE for permission to live the life I've always dreamed of living.

How dare you tell a young TS woman that her transition will damage the relationship with her employer. You do not know that, her boss or her boss's boss might have a TS sister or brother. Each one of us that steps out of the shadows leaves a lasting impression on our audience. My transition is opening the eyes of dozens of people and it will soon be hundreds as word gets around. The VP of one of my vendors sent me a very supportive email today after hearing about my "decision" from one of his local reps. Each one of these companies that I deal with will become just a tiny bit more trans friendly just because they know and respect me. In another few months I will be the first trans Division manager in my company. In another 5 years I will be the first trans VP and by then we will be known as an extraordinarily LGBT friendly company. These things will happen ONLY because I had the courage to openly transition in an industry not known for its diversity. (construction)

Melissa needs advice, support and news from the front lines, not a negative attitude and BS about how she shouldn't "force" her employer into accepting her. If we all had that attitude, we would never change the bigoted attitudes of the mainstream. The biggest impact any of us can make for trans acceptance and equality is to be proud of who we are and prove to the people who deal with us every day that we're not freaks. We're just regular people who had to make some adjustments to be the best people we could be.

[Raychel Torn]

I am an attorney as well and I just wanted to say that I think that Acastina has hit this one on dead on. You should read what she is telling you carefully.

[Debglam]

My transition is opening the eyes of dozens of people and it will soon be hundreds as word gets around. The VP of one of my vendors sent me a very supportive email today after hearing about my "decision" from one of his local reps. Each one of these companies that I deal with will become just a tiny bit more trans friendly just because they know and respect me. In another few months I will be the first trans Division manager in my company. In another 5 years I will be the first trans VP and by then we will be known as an extraordinarily LGBT friendly company. These things will happen ONLY because I had the courage to openly transition in an industry not known for its diversity. (construction)

Melissa needs advice, support and news from the front lines, not a negative attitude and BS about how she shouldn't "force" her employer into accepting her. If we all had that attitude, we would never change the bigoted attitudes of the mainstream. The biggest impact any of us can make for trans acceptance and equality is to be proud of who we are and prove to the people who deal with us every day that we're not freaks. We're just regular people who had to make some adjustments to be the best people we could be.

Wow! Let me say that again, WOW!

THAT is what this is all about! Go, Melissa H. Go!!!!

Beyond the general public, lets not forget that there are thousands of trans folks out there that need to see happy, "normal," and fulfilled trans men and women sucessfully making it in the world to give them the courage to move forward.

A very nice post to end my evening! Thanks!
Debby

[AKAMichelle]

Sounds like you have until the contract is renewed and then it becomes a much longer contract. If that is so then I would keep quiet until the contract becomes much longer and then it is up to you what you do. Once you have a 5 year contract then you can transition and you will still have time to prove your worth to the company before the contract has to be renewed again.

[Nigella]

Just a short note, please remember that Mellisa is in the UK, her issues, if there are any will be dealt with within the laws of the United Kingdom. Whilst it is appreciated that our overseas members may have good knowledge of the legislation within their own baliwick, it is irrelevant in this case :)