Creating an inclusive and diverse work environment: Transgender people getting into the corporate world

South Africa’s unemployment rate is 29.1% in 2019, which is one of the highest unemployment rates in the world above 20%. It is already hard for any cis individual to make it into the economic market, the question now is how hard is it for a transgender individual to secure a job, in a country like South Africa?

Despite having one of the most progressive constitutions in the world, most transgender South Africans choose to hide their gender identity at work due to fear of discrimination. Trans visibility has improved but mostly public figures from the US, from the likes of Caitlyn Jenner to Janet Mock. In South Africa there isn’t any name of an individual that comes to mind when we mention the words “Transgender”. This makes it hard for people to really understand what transgender is.

Figure 1: Twitter poll showing about 31% LGBTQI+ individuals not willing to reveal their gender identity or sexual orientation. 

What is Transgender?

Simply put, a transgender person is an individual whose gender identity, gender expression or behaviour differs from the one they were assigned at birth.

According to the Gay and Lesbian Alliance Against Defamation (GLAAD) “for transgender people, their own internal gender identity does not match the sex they were assigned at birth. Most people have a gender identity of man or woman (or boy or girl). For some people, their gender identity does not fit neatly into one of those two choices. Gender identity is not visible to others”.

Some transgender people choose hormone treatment and/or gender reassignment surgery to change their body to match the gender that they best identify with. This is often tiring and difficult. It can be prohibitively expensive for some and can put their health at risk and also in South Africa only two hospitals are qualified to perform the gender affirming procedures, and only on two patients a year: the waiting list is over a decade long. For other trans people the need to change their physical body is just not as important as being accepted for who they are.

Is it a choice?

The decision to transition is not an easy one to make. Many trans individuals only choose to ‘come out’ and to begin the process after they have tried, and failed, to live with the identity bestowed on them at birth. In the US, stats show that 41% of trans men and women have tried to commit suicide. 

Those who come out are often rejected by their families and friends, leaving them alone to deal with the turmoil of the transition. However, concealing their identity causes immense stress and, at work, has a negative impact on career prospects and progression.

“Being transgender is not a choice. My identity is something over which I have no say and no control over”, this is according to South African medical doctor, author, activist and a transgender woman, Dr Anastacia Tomson, who recently explained in an interview. “I have a female identity, and that is something that can never be changed. I knew that I had to pursue transition if I was going to survive. The idea of continuing to live the way I did before had become unbearable and unsustainable.”

There are situations where blending in is almost impossible, as many transgender professionals will attest, and the workplace can prove a dreadful challenge to those going through the gender assignment transition.

Trans job seekers who are transitioning often find it difficult to find work if they do not conform to employers’ expectations. Discrimination usually starts during the interview process, and as such many trans people find themselves unemployed and struggling to secure full-time lucrative careers. A good example would be when you apply for a vacancy as a trans individual which box do you tick on gender? Because usually it’s two options, for those who haven’t changed their IDs it’s even harder since the information there contradict what they identify with.

A good example from X’s situation, X applied to company A, on her CV there is nowhere that she mentions about being trans and on the application she ticked the female box. X made it to the interviews, and she did very well. She move to the next stage, the only mistake X made was to mention that she’s Transgender on one of the forms she filled towards the final stages of recruitment. Company A pulled out with a subtle approach with reasons  that didn’t quite add up but it was all clear that the reason for the decline was because she is a transgender.

Those with stable jobs usually don’t find it easier to be accepted when they decide to come out at work and they may face very real challenges if they come out in a hostile environment. Local stats are scarce, but in the US 26% of trans Americans have lost a job due to their identity and 50% have been harassed in the workplace.

Those who choose to come out at work face a long list of discriminatory practices, this would include name calling, being passed over for promotion, intimidation, restriction of job duties, marginalisation, blackmail, physical violence, name calling and many more.

Creating an inclusive work environment

The main causes of discrimination are a lack of understanding and a lack of education. This can in turn lead to a hesitation on the part of managers and HR practitioners to approach or to assist trans employees, for fear that they will ‘get it wrong’ and open themselves to accusations of discrimination or harassment. But when employers and employees see that their trans colleagues are just like everyone else, the social barriers that contribute to transphobic attitudes will begin to crumble.

Inclusive workplaces don’t develop out of nowhere – employers must be proactive in building a culture of respect, by responding to all complaints about discrimination, including those relating to sexual orientation and gender identity. Being seen to take action sends a clear signal that bullying and harassment will not be tolerated.

Legislation that employers must keep in mind

It is useful if employers and employees also familiarise themselves with these South African laws:

·         Point 9.3 of The South African Constitution (Act No. 108 of 1996) which states that “The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.”

·         Article 15 of the African Charter on Human and People’s Rights protects the right to work, stating “Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.”

·         The Alteration of Sex Description and Sex Status Act (No. 49 of 2003)

·         The Labour Relations Act (No. 66 of 1995)

·         The Employment Equity Act (No. 55 of 1998)

·         The Promotion of Equality and Prevention of Unfair Discrimination Act (No. 4 of 2000)

Disclaimer : The views and opinions expressed in this article are those of the author and not of Emphasy! Magazine

photography : Michael & Christa Richert