Wednesday, November 17, 2010

How much do I have to accommodate an employee who is going through a gender change?

My shipping manager, Bertha, now wants to be called Bert. She has initiated hormone treaments and to tell you the truth I can't see any difference, but she thinks there is.





Anyway, she wants me to supply her with all new uniforms, badges and repaint her locker. I suggested that a simple sollution woud be to simply cover the ';HA'; on all of the above. Hence resulting in ';Bert';





But no, she feels that to be a real man, she should have all new equipment. I mean her clothes.





It's a lot of money. What are my legal requirments here?How much do I have to accommodate an employee who is going through a gender change?
Well, you're going to have to pay even more money when I sue you for damages sustained when I fell off my chair in convulsive fits of laughter!How much do I have to accommodate an employee who is going through a gender change?
NONE. She has no legal protection or additional rights due to her decision to undergo a sex change or hormone treatments. If she feel that she needs new equipment or to have her locker repainted, tell her she is free to do so at her own expense. Her gender confusion does not create a legal or ethical requirement on your part.
You need to be a Man and Stop him/her before they go way to far with special rights. are you the boss are is she/he
Challenge her/him to an arm wrestling contest...if 'he/she' wins you'll buy her new clothes. Tell her if she wants to be a man she has to play by man rules.
Only a few states require you to accommodate her. If you're not in one of those states, you can fire her.
You are bound by law to accomodate him/her.At my company we had to go through sensitivity training. He/She has more rights than we do. He has to live as a woman for a year before surgery. A small ladies room was fitted with a lock and made unisex because no woman wanted to share the room. He does still have ';mens'; plumbing. He has already taken several men to HR, charging that they were leering. Trust me, that wasn't possible.
Legally, you don't have any requirements, other than to treat her like you would everyone else. A little sensitivity would be nice and might keep you free of a harassment lawsuit if he/she gets sue-happy. Plus it's just good management and good karma, even if it's not legally mandated. Just try to work with him/her on the issues.





If I were you, I would just think of how you would treat a man -- since now ';she'; identifies ';her';self as one.





Do men and women have different colored lockers at your business? If they do, then paint his the same as the other (mens), or move his stuff to a new locker in the men's locker room.





A new badge wouldn't be too much to ask -- if ';she'; married a man and had to change ';her'; last name, you would provide a new badge, wouldn't you? (If the badge had last names, of course, but you see my point.) It wouldn't be remiss to ask her for proof of a legal name change before you did so, but then after you have that, give him a new badge.





I don't think you should have to supply all new uniforms, but maybe you could work something out that's amicable for you both. Perhaps if he's been with you for a while, you can buy him one new uniform and have him absorb the costs of any more.





I'm sure it can all be worked out so you're both happy.
Once she legally changes her name, then I would say new ids are certainly in order (it is a place of business, until she legally changes her name then ';Bert'; is just a nickname and that doesn't belong at work).
Have she changed her legal name to Bert? Does her file and check reads Bert?





Since she/he is no ';sick'; or ';injured';, you are not legaly required to do any acomodation other than accept her new ';male'; status. Besides that you are not required to provide new uniforms if the male and female uniforms are just the same.





As for her name, as long as her legal name is Bertha she has no legal right to ask to use a new name. As a mater of fact no law says that you have to give new uniforms, badges and paint job to the locker to anyone just becuase they change their name. Make clear that you would do the same if a ';John'; changes his name to ';James';.





Another rasonable solution would be to ask her to pay for all the new stuff. That way you wouldn't look like being against her change of gender.





I guess she will try to pull the ';driscrimination card'; but go to the ';Labor Bureau'; of your area to know how much do you have to give or not.

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