SUPPORTING
GENDER TRANSITION
IN THE WORKPLACE
A TOOLKIT FOR ACT EMPLOYERS
PURPOSE OF THIS TOOLKIT
This toolkit is intended to be practical and user-friendly and will clearly step
employers through the key considerations for building effective and safe systems
to support an employee’s transition. The information has been drawn from the best
practice experience of A Gender Agenda (AGA) staff and is informed by the lived
experiences of the trans and gender diverse community. These steps will assist you
to create a written management plan that reflects the needs and desires of the
employee, considerations for other staff and the unique capacity of your organisation.
It is important to recognise that both territory and national laws require ACT
employers to protect their trans and gender diverse employees from discrimination
in the workplace. For more information about your legal obligations under ACT
discrimination law please check out our resource entitled Trans and Gender Diverse
Employees in the Workplace: Guidelines for ACT Employers.
WHAT IS GENDER TRANSITION?
Gender transition involves the processes through which a person affirms a gender identity that is different from
the sex and gender assigned to them at birth. This may involve changing their name, registered sex, pronouns,
clothing, and other characteristics related to gender expression. Transition can also involve medical procedures
such as hormonal treatment and surgeries, but for a variety of reasons, not all trans people undergo medical
transition. It is important to emphasise that transition is a deeply personal process and one person’s experience
of transitioning will look very different to another person’s experience.
PUTTING THE EMPLOYEE FIRST
The person who understands most about their gender transition and their needs throughout the process is the
employee themself. Their explicit consent needs to be central to any decision or action involved in workplace
related processes concerning their transition, and their privacy and agency needs to be respected at each step.
Making decisions on behalf of the employee can compound the feelings of stigma and vulnerability that trans
and gender diverse people are known to suffer.
Ensuring that the person needs and concerns are put first in decision-making and planning regarding their
transition, as well as being constantly vigilant of their well-being and safety, will help to ensure a smoother
transition process.
SEX AND GENDER
A person’s sex refers to the biological and physical characteristics (both internal and external) that we
typically use to distinguish male and female bodies. Meanwhile, gender refers to our internal sense
of who we are, and our personal identification as male, female or neither. Gender identity can be
expressed through our behaviour, mannerisms, and dress. When we are born, we are usually assigned a
gender based on visible sex characteristics.
Cisgender people are those whose internal gender aligns with the one they were assigned at birth.
Transgender – or trans for short – is an umbrella term for people whose gender differs from that which
they were assigned at birth. This includes people who were assigned female at birth but identify as a
boy or man (trans men), people who were assigned male at birth but identify as a girl or woman (trans
women), as well as people who identify as non-binary (neither male nor female) and gender fluid.
BEFORE/EARLY STAGES
The ‘first contact’ that an employee makes with their management team to signal their
intention to transition in the workplace is a critical time. Having the right conversations early
on and laying the foundations for gender affirming processes will better ensure a smooth,
safe and comfortable transition. There are a number of practical considerations that need
attention at this stage.
1. Implementing 2. Ensuring 3. Seeking 4. Developing a
a consultative privacy external support transition plan
process
(seeking clarity)
5. Establishing 6. Identifying a 7. Negotiating 8. Preparing for
a timeframe support team workplace leave resistance
THE TRANSITION
Once the preliminary planning stage has finished and a timeframe has been established, the
workplace can begin undertaking steps to affirm the employee’s gender identity. Keep in mind
that no two people’s transitions will be identical, and thus the process needs to be informed
by the employee. The following considerations are likely to be highly relevant.
9. Staff 10. Records and 11. Access to 12. Uniforms and 13. Training
briefing documentation facilities dress codes
MOVING FORWARD
An employee’s transition does not simply end once the steps above have been implemented.
To ensure their ongoing safety and general workplace harmony, employers should consider
the following.
14. Regular 15. Proactively 16. Further training 17. Dealing with
check-ins with promoting hostility
the employee inclusivity
BEFORE/EARLY STAGES
1. IMPLEMENTING 3. SEEKING EXTERNAL
A CONSULTATIVE SUPPORT
PROCESS We understand that managing an employee’s gender
affirmation process may seem like a daunting task –
Publicly transitioning gender is a deeply personal but it need not be. Through trainings, consultation,
and momentous process – no two transitions will resource provision and referrals, services like AGA
look exactly the same. As such, it is essential that exist to support workplaces and employees in
from the get-go, employers adopt a consultative navigating gender transition in the workplace.
process that gives the employee the freedom Our work ethic and expertise is guided by lived-
to articulate their own vision for their transition. experience and deep-consultation with our diverse
Seeking clarity around the identity that an community-base.
employee is aiming to affirm is key here (i.e. binary
or non-binary). It is essential that at each step of Including services like ours as early as possible –
the planning, implementation and management rather than relying upon us as ‘mediators’ if things
stage, the goals, wishes and concerns of the get tricky down the track – will help to ensure a
employee are central. smoother transition process.
2. ENSURING PRIVACY 4. DEVELOPING A
For the employee, making decisions about what TRANSITION PLAN
information is shared, with whom and when,
is integral to their health, safety and wellbeing. A transition plan is a the overarching strategic
Accordingly, maintaining the privacy and outline to facilitate an employee’s gender affirmation
confidentiality of the employee’s intention to process, and identify how the employee will be
transition in the workplace is essential in the early supported. It is essential that the plan is developed
stages of a transition process. Initially, information in consultation with the employee. It should address
should only be shared on a ‘need-to-know’ basis a range of practical considerations, such as those
that is guided by the explicit consent of the covered in point 5, 6, 7 and 8. The team that helps
employee. Disclosure of personal information to devise this plan might include relevant managers,
colleagues or other third parties without informed HR staff, a union representative, or an external
consent may breach obligations under ACT or support agency – as well as the employee themself.
Commonwealth information privacy guidelines.
5. ESTABLISHING 7. NEGOTIATING
A TIMEFRAME WORKPLACE LEAVE
Having a clear timeframe setting out key changes Employers should be prepared to be flexible in
and steps to affirm the employee’s gender is critical regards to leave that might be required in relation
to demonstrating your commitment to supporting to the transitioning employee’s gender affirmation
the employee. Key dates might include: when other process. Approved leave may be required for medical
colleagues will be informed, when the employee appointments, legal appointments or appointments
might start using a new name and/or pronouns, related to officially registering a change of name/sex.
when the employee will begin using toilets/facilities Where possible, this leave should be incorporated
appropriate for their affirmed gender and when into the transition plan from the beginning.
personal leave might be taken. All dates should be
settled with the explicit consent of the employee in
the early development of the transition plan.
8. PREPARING FOR
STAFF RESPONSES
6. IDENTIFYING Management should be prepared to respond to
A SUPPORT TEAM questions or concerns from other staff members.
This can be as simple as affirming the relevant
Establishing a core group of management staff, facts of the transition and the specific policy area
colleagues, union representatives and/or externals that applies while maintaining the confidentiality
to be involved in the planning discussions and act of the employee. AGA can assist you to develop
as a support team will help promote the safety some affirmative messages to share with key staff
and wellbeing of the transitioning employee. to ensure that they are confident to respond
If at any time during their transition the employee to potential concerns across the organisation
suffers discrimination or distress in the workplace, in a consistent and positive way.
it is important that they have multiple people with
whom they feel comfortable to discuss the issue. Preparing for staff responses will also entail having
Once again, it is important that the employee an action plan for how hostile behaviour will
expresses explicit consent for the presence be managed, who reports hostile behaviour, and
of every member on their support team. to whom it is reported. These procedures should
also be outlined in the transition plan.
QUESTIONS AND AFFIRMING MESSAGES
Ensuring that a core group of clothing/uniform, or why their At all times, it needs to be
managers or other colleagues colleague is now using different reinforced that these decisions
selected by the employee are bathrooms. Positive and are fully supported by the
well-equipped to deal with affirming responses might be: organisation’s leaders, and
responses and questions managers need to set a strong
about the transition will take “Louise is a valued employee, example. This will include being
the burden of explanation and it is important to our upfront about a zero-tolerance
off the employee themself organisation that all staff approach to discrimination,
and will help them feel more feel they can be their whole, harassment and bullying,
supported. It’s a good idea to authentic selves at work.” and making it clear that
pre-empt the kinds of questions perpetrators will be dealt with,
“Diversity and inclusion
or concerns that might be which takes the burden off the
are central values of our
raised and collectively come employee themself to assert
organisation. As such, we need
up with positive and affirming their right to affirm their gender
to respect the steps that Bjorn
responses that reinforce your identity. Emphasising the value
is taking to affirm his identity.
support of the employee. of the employee, and the core
If anyone has an issue with
principles of the business, will
Possible questions might this, or sees any incident of
strengthen this message.
relate to why the colleague bullying or discrimination,
is now wearing different come straight to me.”
THE TRANSITION
9. STAFF BRIEFING 11. ACCESS
The transitioning employee should be supported TO FACILITIES
to identify how they want their colleagues to be
advised of the transition. This may include identifying Workplaces should accommodate the transitioning
what topics relating to the transition are or are not employee’s decisions about which toilets (and other
acceptable for colleagues to ask, how colleagues relevant facilities) they will feel most comfortable
will be informed about the appropriate name and using. Such considerations might also entail the
pronouns to use and how other employees will be establishment of a ‘gender-neutral’ toilet option
advised that the transitioning employee will be accessible to everyone. It is thoroughly important
using toilets and other facilities appropriate to their for these decisions to be guided by the preferences
affirmed gender. of the employee. A top-down decision to provide
them access to a designated unisex or accessible
The transitioning employee should decide who is toilet might exacerbate feelings of stigma.
best placed to deliver this message and whether or
not this is communicated in writing or by a face-to-
face meeting. If a meeting is arranged, other senior
management should also attend to show solidarity 12. UNIFORMS
with the transitioning employee and come prepared
to respond to any expected questions or comments. AND DRESS CODES
The transitioning employee should also decide
If the workplace has a uniform or dress code, it is
whether or not it is appropriate to attend.
important that the transitioning employee is able
to conform in a manner that affirms their gender
identity. For employees affirming a non-binary
10. RECORDS AND identity, provisions should be made for the employee
to wear elements of the dress code in a way that
DOCUMENTATION makes them feel comfortable.
Anything that directly identifies the transitioning
employee should be altered to reflect their
new name and pronoun, and if necessary, 13. TRAINING
photograph. Each workplace will be different,
Providing workplace training to colleagues prior
but these procedures may include changing
to the transitioning employee’s official transition
the following:
date is a good opportunity to prepare colleagues,
▶▶ New ID badge and photo build empathy and allow them to ask questions
safely without making it specifically about the
▶▶ Update email address and directory listing
transitioning employee’s circumstances. Resources
▶▶ Update staff profile in all necessary databases on diversity and inclusion should also be made readily
▶▶ Update email signature accessible to other employees. Again, the employee
will have clear ideas about whether training is
▶▶ Advise relevant stakeholders about appropriate, and if so, who should take part.
name/pronoun change
AGA specialises in diversity and inclusion training
It is important that these changes are in place
and has a range of awareness raising resources.
before the employee’s official date of transition
to avoid any unnecessary confusion.
MAKING THE ANNOUNCEMENT
Below is a suggested checklist of key considerations for when the employee’s transition is becoming
public knowledge within the workplace:
WHO WILL MAKE THE ANNOUNCEMENT?
If the transitioning employee has consented, the head of the transitioning employee’s work team should
announce the transition. Otherwise the transitioning employee should advise who they would prefer
to make the announcement.
EMPHASISE THE TRANSITIONING EMPLOYEE’S CONTRIBUTION
The speaker should emphasise the transitioning employee’s contribution to the organisation
and management’s complete support of the transition.
ADVISE OF CHANGES TO AFFIRM THE TRANSITIONING EMPLOYEE’S GENDER IDENTITY
The speaker needs to establish expectations in the workplace around respecting the identity of the
transitioning employment. This needs to acknowledge how the employee now chooses to be addressed,
including new name (if relevant) and preferred pronouns, while establishing boundaries against
misgendering or abuse.
If relevant, colleagues should also be advised if the transitioning employee will be using different toilets
or other facilities appropriate to their affirmed gender. The speaker should advise colleagues the date
from which these changes will commence.
ACKNOWLEDGE MINIMAL IMPACT ON WORKPLACE
The speaker should acknowledge that the transition will not change the workplace and that everything
should go on as it did previously while respecting the transitioning employee’s new name and pronouns.
REVIEW THE ORGANISATION’S NON-DISCRIMINATION POLICIES
The speaker should refer to the organisation’s non-discrimination policies and explain how supporting
the transitioning employee in their transition is aligned with these policies.
ASK FOR QUESTIONS
The speaker should set boundaries for what questions are and are not appropriate to ask the transitioning
employee, but should invite questions from colleagues in the meeting. If the speaker is unable to answer
any questions, or if questions arise after the meeting, colleagues should be advised of who the best person
is to speak to about any questions they may have.
SET THE MODEL FOR BEHAVIOUR
The speaker should set the model for behaviour by using the transitioning employee’s new name
and pronouns in all communication: written and oral, formal and informal. This may include correcting
other employees when the transitioning employee isn’t around.
MOVING FORWARD
14. REGULAR CHECK-INS 16. FURTHER TRAINING
WITH THE EMPLOYEE Staff turnover is inevitable. Given this reality, it is
important to consider future training opportunities
Check-ins demonstrate the workplace’s commitment for new employees – and even giving long-term
to supporting the transitioning employee, and should employees a refresher! Such efforts are most likely
provide a space in which they feel comfortable to exhibit sincerity and have more significant impacts
to express any distress or concerns they have when employees of all ranks are involved, and thus
experienced. The nature and regularity with which upper leadership should set an example to their
they take place will depend upon the employee. It workplace by attending training sessions.
might be that they only require a monthly meet with a
designated support person amongst their colleagues, Inclusive workplaces that respect diversity are better
or it might be decided that more frequent meetings workplaces for everyone!
with senior management are required. Initially, you
might think it appropriate to meet more regularly, with
the frequency of check-ins being reduced over time.
17. DEALING WITH
DISCRIMINATION
15. PROACTIVELY Even with the most careful planning, discrimination
PROMOTING is a possibility. Leadership must adopt a zero-
tolerance approach to discrimination on the grounds
INCLUSIVITY of gender identity, and should be constantly vigilant
about the wellbeing of their trans or gender diverse
One of the most important ways to support your employee/s. While a few honest mistakes – such
employee is to take an entire workplace approach as using the wrong name and/or pronoun – should
to promoting inclusivity and diversity. This might be expected in the early adjustment phase,
involve any or all of the following: persistent and deliberate refusal to respect an
employee’s gender identity may constitute a breach
▶▶ Ensuring that internal anti-discrimination policies
of discrimination law, and managers must be
directly address gender identity
prepared to enforce disciplinary action accordingly.
▶▶ Organising further workforce inclusivity training
▶▶ Fundraising and partnership activities with
relevant local organisations
▶▶ Creating an LGBTIQ+ ally network
▶▶ Seeking or creating networking opportunities
for LGBTIQ+ employees
▶▶ Accurately documenting employee transition
planning and implementation to reference
when supporting other trans and gender
diverse staff in future
▶▶ Reviewing your ICT systems, websites
and other communication material to ensure
gender language is inclusive
▶▶ Automating HR processes to streamline
workplace transitioning for staff who are
affirming their gender identity in the future
FACILITIES
Ensuring your employee has free access to the facilities that align with their gender identity is essential to their
well-being and health. Studies in America reveal that 59% of trans people avoid using public bathrooms out of
fear of harassment or violence, with a further 32% avoiding eating and drinking throughout the day to lessen
the likelihood of needing the bathroom (National Centre for Transgender Equality 2016). These are unhealthy
and degrading measures that nobody should have to take. Nevertheless, access to toilets is often the area
where trans people face the greatest levels of resistance and hostility from their peers. As such, it is important
to consider how leadership might deal with other employees taking issue with the transitioning employee’s
bathroom access.
Different workplaces take different approaches on this matter: the employee might simply use the toilet that
aligns with their gender identity, all toilets might be made unisex, or a designated toilet might be made unisex.
It is important that the approach taken does not stigmatise the employee, and is made with their full consent.
Making them use the accessible toilet is rarely an appropriate solution. Being transgender is not a disability,
and treating it as such will compound feelings of stigmatisation.
A common concern raised by resistant employees relates to privacy i.e. they feel that the trans employee’s
access to a particular toilet is a violation of their own privacy. Privacy violations are a serious allegation. Allowing
a trans person to access the toilet that corresponds to their gender identity simply does not constitute a
violation of privacy. The truth of the matter is that ACT anti-discrimination law requires that individuals are
permitted to use the toilet that aligns with their gender identity. Behaviour that restricts the trans employee’s
access to a bathroom through intimidation, bullying or harassment must be addressed, and this burden should
not fall upon the transitioning employee. If an employee raises concerns about their own privacy, you should
ask them to express exactly how and why they feel their privacy is violated by the trans employee. The following
are some suggestions for how asserting the right of the trans employee might take place:
“Louise is as entitled to use the women’s toilet as any other female employee. If you have an issue with this,
we can discuss your concerns.”
“Your privacy is not breached by Bjorn using the men’s toilets, just as it is not breached by all the other men
who also use the same toilet as you.”
These conversations should demonstrate your own affirmation of the employee’s gender identity, and also
convey your authority and obligations under anti-discrimination law.
CONTACT
A GENDER AGENDA
Due to a lack of education and awareness around trans people in the workplace, some employers find
that issues continue to arise despite their best efforts. These issues can be avoided when employers
take the initiative to seek support to create a truly inclusive workplace.
Organisations like AGA can assist workplaces meet their obligations through actions such as:
▶▶ providing guidance for developing and implementing a transition plan
▶▶ providing organisational training to bring more awareness and support to the workplace
▶▶ providing advocacy support for the transitioning employee
▶▶ overseeing policy development and implementation
▶▶ facilitating networking and events with the trans and gender diverse community
Phone: (02) 6162 1924
Email: support@genderrights.org.au
Web: genderrights.org.au
ACT HUMAN RIGHTS COMMISSION
If you think you or a friend or family member has been discriminated against, or as an employer or workplace
participant you would just like to find out more about your rights and obligations, you can contact the ACT
Human Rights Commission for more information. The Commission can provide information about workplace
discrimination. We also handle complaints about discrimination, harassment and vilification.
Level 2, 11 Moore Street, Canberra City
Phone: (02) 6205 2222
SMS: 0466 169 997
TTY: (02) 6205 1666
Email: human.rights@act.gov.au
Web: hrc.act.gov.au
