Guidelines for Gender Transition in the ACT Public Service

GUIDELINESFORGENDERTRANSITIONINTHEACT

PUBLICSERVICE

INTRODUCTION

1.Gender transition is a process undertaken by someonetoliveinaccordance with their gender identity. Thismay impact:

•socialaspectsof their life such as the waytheydress, their hairstyle;

•the pronounsandnamethey use torefertothemselves or wouldlike people to use whenreferring to them;

•legal aspectsof their life such as their name or legalsex on documents; and

•medical aspectsof their life such as hormonal orsurgical procedures.

2.Gender transition (transition) can be a significantexperience whichmayaffectmultipleaspectsofanindividual’slife,including their workplace. However,when thinking about transition itis also importantto understand that transition is one periodofanemployee’slife; you mayalready know people who

have transitioned, or who will transition at some pointinfuture, or who are gender diverse but who have nodesireto transition.

PURPOSE

3.Theseguidelineshavebeen developed topromoteanimproved understanding of gender diversityand assistdirectorates, managersand employees tosupportpositive workplace transitions by outliningrelevantroles andresponsibilitiesandtakingintoaccountrelevantlegislation.They align with the ACT Public

Service(ACTPS)Respect, Equity andDiversity(RED)Framework, whichsupportsdiversityandinclusion and the creationof workplaces where employees feelsafe, valued and comfortable tobe themselves atwork,regardless of their gender identity or any other aspectof diversity.

4.Itis important to remember that sometimes the onlysupportrequiredistosimplysupport employees tobethemselves in the workplace andbe open about theiridentity without necessarily undertaking a workplacetransition. As such, althoughtheseguidelinesfocusupon workplace transitions, the principles discussedapplytoany employee who maybe gender diverse.

They areintendedtobe flexible and adjusted tosuitindividualcircumstances where possible.

RESPONSIBILITIES

5.AllACTPSstaffareresponsibleforupholding the ACTPSValuesand the principles ofREDtosupport a positivetransition experience for employees. Thisincludes:

•treatingtransitioning employees with respectandmaintainingan open-minded attitude;

•beingwillingto ask respectful questions whenunsureof something;

•participating inrelatedtraining or education;and

•listeningto,and understanding, the transitioningemployee’sneedsand concerns andmaintaininghonestcommunicationtobuildtrustandsupport apositive and successful workplace transition.

6.The responsibilitiesofmanagers supporting atransitioning employee are outlined on page 3 ofthisguideline.

7.Staff supporting an employee to transition in theworkplace areresponsibleformaintainingappropriatelevels ofconfidentialityand privacy. Informationshouldonlybe disclosed to those who needtoknow,aredirectly involvedin the process, or where the consent ofthe transitioning employee hasbeen obtained.

8.Transitioning employees areresponsiblefor workingwith managersandrelevantnetworksto establish andcommunicateclearexpectations.

TRANSITIONPLANS

9.Employees preparingto transition willgenerally work ina teamto develop a transition plan,whichoutlines thetimelineand key actionitemstobe achieved in order totransition in the workplace. Thisteam can include:

•their manager or supervisor;

•the transitioningemployee’ssupportperson(ifany);

•a member of the directorate’sHRteam;

•the ACTPSRelationshipManager from Pride inDiversity, anorganisationthatassists employerswith developinglesbian,gay,bisexual, transgenderand intersex (LGBTI)inclusive work practices; and/or

•a staff member from the Workforce Capability andGovernanceDivision (WCAGD) in the ChiefMinister,TreasuryandEconomic Development Directorate(CMTEDD).

10.The followingshouldbe considered when developing atransition plan:

•whether the transitioning employee wouldlikea supportperson present in discussions and/or

meetings relatingto their transition and who thatpersonmight be;

•the transitioningemployee’s preferred time frame,key milestones, the communicationand possibleeducation requirements thatarerelevantto them intheir particular workplace;

•whether the transitioning employee wouldliketotake a periodofleave before their agreed transitiondate;

•how and when the transitioning employee wouldliketocommunicate their transition to theirbusiness unit, key clients and stakeholders andwho (ifanyone)theywouldliketobepartoftheseconversations;

•how involved the transitioning employee wouldliketobeinanycommunicationand educationprocessesthatoccur amongst their team/stakeholders;

•whatinformation the transitioning employee iswillingtoshareand with whom, and how they arewillingtoshareit(e.g. a letter,face-to-faceindividually or at a teammeeting,through theirmanagerexplaining or them directly talkingtotheir team,an email/letter to wider networksandstakeholders, etc);and

•how the transitioning employee will respond torespectful questions thatare asked of them by theircolleagues(note: no one should ever feel obligatedto answer questions theyarenot comfortable with).

11.The above can be adjusted tosuit the needsof theindividualtransitioning where both necessaryandreasonable.

MANAGERSOFTRANSITIONINGEMPLOYEES

12.When an employee approaches their manager withtheir intentionto transition, itis important for the

managertobe supportive, open-minded andhonest.Managers should beprepared to discussthe employee’saimsandexpectationsand confirm whattheywant

the manager’sroleto be. Managersshouldconsiderstakeholders, colleagues, policies and proceduresexisting in the workplace and contact their local HRteamforguidanceandsupport as needed.

13.The responsibilitiesof a manager assisting atransitioning employee willvarydependant on the situationand the preferences of the individual.However,theycouldinclude:

•working with the transitioning employee tounderstand their goalsand discuss relatedmatters,including the development of a transition plan;

•developing a shared understanding about agreedwork arrangements during the workplace transitionperiod;

•protecting the privacyof the transitioning employeeandmaintaining confidentiality;

•beingreasonably flexible andsupportiveofanyleavethatmayberequired by the transitioningemployee;

•communicatinghonestly, openly andregularly withthe teamtosetexpectations;

•facilitatingcommunicationofrelevantinformationto key stakeholders;

•increasing their own level of understanding byseeking resources and education ifrequired;

•beingavailableto answer questions and addressany concerns ofcolleaguesthrough briefings, orfacilitating education and awareness; and

•modelling the ACTPSValuesandprovidingleadership to develop a positive, inclusiveandrespectfulenvironmenttosupport a successfultransition.

EDUCATIONANDRESOURCES

14.A lackofknowledge or awareness regarding genderdiversitymaycreatenervousness,uncertainty ortensionin workplaces. Creating a safe placeforemployees to ask questions andincrease theirawareness of the transition process can support apositive transition experience.

15.Trainingand education relatingtoLGBTIand transitionsisavailablethrough the ACTPS membership to Pride

iiGuidelines for Gender transition in the ACT Public Service

in Diversity. Training can befacilitated by contactingWCAGD inCMTEDD(). A numberoflocal ACT providers also havecomprehensivetrainingpackages on LGBTI-related education.

16.The ACTPS also has a rangeofLGBTIinclusionresources which employees shouldbemadeawareof:

17.Transitioning employees, or anyone impacted by aworkplace transition, can also access their directorate’srelevantEmployeeAssistanceProgram(EAP),whichprovides confidentialandprofessionalcounsellingandrelatedservicesto assist them in resolving issues thatmaybe work related or of a personal nature.

NAMESANDPRONOUNS

18.Transitioning employees willusuallyselect a nameandpronoun(e.g. his, her,him, she, they or them)that

corresponds to their gender identity,andcommunicatethis preference to their colleagues. If you are a colleagueof someone who istransitioningand you areunsurewhatnametheywouldliketogoby,politely ask themforguidance.

APPEARANCEANDDRESS

19.A transgender employee may dress consistently withtheir gender identity andisrequiredtocomply with thesame standardsof dress andappearancethatapplytoall other people in their workplace.

LEAVEANDOTHERENTITLEMENTS

20.Managersshouldprovidereasonable flexibilityandsupportif a transitioning employees needstotake some form ofapprovedleaveinrelationto their transition (e.g. personal leavefor medicalappointments/procedures).Leaveand a rangeof

flexible work arrangements are provided inACTPSEnterprise Agreements.

FACILITIES

21.Supportingtransitioningemployeestousetoiletsandfacilitiesthatareappropriatetotheiraffirmedgendershouldnotaffectothersintheworkplace.Preventingtransitioningemployeesfromusingthefacilitieswhichaccordtotheirgenderidentitymaybeunlawful.Itisnotappropriatetorequiretransgenderpeopletousedisabledoranyotherparticularbathroom/changingfacilities.

22.Developing a workplace transition planshouldincludea strategyforinforming other staff about the use oftoilets and other facilities, including a date when theemployee will begin using them. Staffshouldbe givenanopportunityto raise and discuss any concerns,whichinmostcasesshouldbe resolved throughdiscussion, education and awareness.

UPDATINGRECORDS

23.Transitioning employees can request anupdateofemployment records, email address, computerlog-inandsecurity card toreflect their re-assigned genderthroughSharedServices.Certaintypesof records, like those relatingtopayroll,mayrequire a legal name

change before the individual’sname can bechanged onallACTPS records.

24.Transitioning employeesmayalsoneedtosubmita newTaxFileNumberDeclarationForm,updatebankaccounts,informtheirsuperannuation and/or insuranceprovider(s)oftheirnameandgenderchange,andsoon.

DISCLOSUREOFMEDICALINFORMATION

25.Itisnotappropriateto ask transitioning employeesabout any medical intervention theymayhavehad.Employees arenotrequiredtoprovide details ofmedical informationregarding their transition.

26.The usual documentary evidence isrequiredtosupportanapplicationfor personal leave(asper the provisionsin‘SectionF4 – Personal Leave’ofACTPS EnterpriseAgreements).

BULLYING,HARASSMENTORDISCRIMINATION

27.Allstaffinvolvedinsupportinganemployeetotransition,andthetransitioningemployeethemselves,shouldberespectfuloftheperiodshortlyfollowingthetransition,wherestaffmaymakemistakessuchasusingthewrongpronounornameastheyadjusttothechange.

28.However, a few honest mistakes willbetreatedverydifferently todeliberateandongoingissues.Itis bothunlawfulandinconsistent with the ACTPSValues

totreat someone lessfavourablybecauseof theiractual or perceived gender identity. The intentionalor persistent refusal torespectanemployee’s gender

identity (e.g.requiringan employee to use a bathroomthat does not correspond to their gender identity) mayconstitute discrimination,bullying or harassment.

Guidelines for Gender transition in the ACT Public Service

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29.Any such behaviourwillbe responded toin a mannercommensurate with the seriousness of the behaviourconducted, andinaccordance with Section H (ValuesandBehaviours)ofACTPS Enterprise Agreements.Formore information,referto:

Commissioner forPublicAdministrationon behalfofKathyLeigh,HeadofService

21June2016

Prepared by: Workforce Capability andGovernanceDivision,CMTEDD

Feedback to:

ivGuidelines for Gender transition in the ACT Public Service