Supporting trans and gender diverse employees in the workplace
The Trans @ Work guide provides essential advice for trans, non-binary, and gender-diverse employees, their employers, managers, and colleagues. Developed in partnership by the LGBTI Legal Service, Legal Aid Queensland, and the Queensland Human Rights Commission, the guide offers practical tools and insights to:
- Support gender affirmation in the workplace.
- Address pre-employment issues effectively.
- Provide ongoing support for trans employees.
This resource is invaluable for creating inclusive and supportive workplaces.
For trans and gender diverse employees
Your rights at work
You have the right to be yourself at work, and you are protected under the Anti-Discrimination Act 1991 and the Sex Discrimination Act 1984. These rights include:
- Affirming your gender: You have the right to express your gender identity, including name, pronouns, clothing, and behaviour.
- Privacy and confidentiality: Your gender identity is private information. You should never feel forced to disclose personal information that is not relevant to the support you require at work.
- Equal treatment: Your employer cannot treat you less favourably because of your gender identity or expression.
Tips for affirming your gender at work
If you’re ready to affirm your gender identity at work, planning ahead can help ensure a successful process. Consider these steps:
- Communicate early: Meet with your manager or HR officer to discuss your plans for affirming your gender identity at work. Be clear about your expectations and needs, including changes to records, uniforms, and facilities.
- Find a support person or ally: Having someone in your corner – whether it’s a colleague, friend, or external advocate – can make the process smoother.
- Set boundaries: Be prepared to address co-worker questions or comments and let them know what’s acceptable and what is not. Speak to your manager if you experience ongoing issues.
For employers
Creating inclusive workplaces
Workplaces that support trans and gender-diverse employees foster productivity, mutual respect, and a positive culture. Many trans employees face fears about being treated unfairly or losing their job when affirming their gender. Employers can play a critical role in providing the support and reassurance needed to help employees thrive.
Key considerations for employers
Visible inclusion policies: Update your equal opportunity and anti-discrimination policies to explicitly include protections for gender identity and gender expression.
- Recruitment practices: Ensure forms, job postings, and interviews are inclusive of gender-diverse candidates. Avoid unnecessary questions about gender identity during recruitment.
- Managing affirmations: Work closely with employees affirming their gender to develop a clear plan, appoint a case manager, and address any workplace adjustments needed.
- Privacy and confidentiality: Respect employees’ privacy and only share information about their gender identity on a need-to-know basis.
- Training and education: Equip staff with the knowledge and tools to create an inclusive environment and to address concerns or misunderstandings sensitively.
Common workplace issues
Employers should address workplace challenges proactively to ensure equality and support for trans, non-binary, and gender-diverse employees.
- Facilities: Employees have the right to use toilets, change rooms, and end-of-trip facilities aligned with their gender identity. Unisex options may be offered but cannot be required.
- Uniforms: Employees should be allowed to wear uniforms that affirm their gender identity. Any differing standards for trans employees compared to cisgender employees may constitute discrimination.
- Records and systems: Update employee names, pronouns, and gender markers across workplace systems promptly when requested. Employees should not be required to legally change their gender before workplace records are updated.
For colleagues
How to support trans and gender diverse co-workers
Colleagues play an essential role in creating a supportive environment for trans and gender-diverse employees affirming their gender identity. Compassion, patience, and understanding can make a significant difference.
Here’s how colleagues can help:
- Respect names and pronouns: Use your co-worker’s affirmed name and pronouns consistently. If you make a mistake, apologise and try to do better in the future.
- Avoid inappropriate questions: Topics such as a colleague’s anatomy, medical history, or personal life should not be brought up.
- Maintain privacy: Don’t share private information about your colleague’s gender identity or affirmation with others.
- Speak up against jokes or gossip: If you hear inappropriate comments, challenge them respectfully and support your colleague.
Real-life stories
Affirming gender identity at work is a deeply personal process that can be both challenging and rewarding. Below are real-life examples of trans and gender-diverse employees who successfully navigated this journey:
Gillian’s story
Gillian worked for a large government agency for 10 years before affirming her gender as a trans woman. With the support of her manager and HR team, Gillian created an affirmation plan, including updating her workplace records, informing colleagues, and holding workplace training sessions. Since affirming her gender, Gillian has experienced greater confidence, improved relationships, and an overall sense of wellbeing.
Lily’s story
Lily, a professional diagnosed with gender dysphoria, affirmed her gender identity as female after careful planning with her manager. By gradually sharing her affirmation plan with colleagues and educating them about gender diversity, Lily received overwhelming support. Affirming her gender at work provided her with a sense of liberation and acceptance, strengthening her relationships.
Eric’s story
Eric, a retail worker, affirmed his gender identity as male after working in the same store for seven years. With the guidance of his managers and the support of a trusted colleague, Eric successfully planned his gender affirmation, updated his records, and informed his team. Eric now feels supported by his workplace and is thriving in his role.
Making a complaint
If issues arise that cannot be resolved within the workplace, employees and employers can seek assistance.
Steps to address concerns
- Discuss your concerns with your manager, HR department, or a trusted colleague.
- File a formal complaint with your employer, outlining your concerns and desired outcomes.
- Escalate the issue:
- Lodge a discrimination complaint with the Queensland Human Rights Commission under the Anti-Discrimination Act 1991. Find out more about making a complaint.
- For federal-level issues, complaints can also be made to the Australian Human Rights Commission under the Sex Discrimination Act 1984.
Why getting it right matters
Creating inclusive workplaces benefits everyone. By supporting trans and gender-diverse employees, businesses foster a culture of diversity and respect, improve employee wellbeing, and enhance productivity.