What about transgender people who don’t transition, or other forms of gender expression?
As this publication focuses primarily on people who have or who plan to transition genders, an employer should generally defer to an employee’s full-time gender presentation in the application of its policies and expectations of employees, such as dress codes and use of facilities. Employers have the right to require appropriate dress, grooming and appearance in the workplace for reasonable business purposes, especially where matters of safety are concerned, but such standards should avoid gender stereotypes (see “Dress Codes: Make Dress Codes Gender-Neutral and Apply Consistently” on page 37).
Although some employers have developed guidelines for certain gender-variant employees and employees who cross-dress, these are practices the majority of employers have not yet approached. Nonetheless, younger employees entering the workforce today are, by all accounts, increasingly comfortable with gender-variance and will likely raise these issues with their employers.
- Dress Codes: Make Dress Codes Gender-Neutral and Apply Consistently