To Be Who I Am: Kia noho au ki t ōku anō ao

1. To Be Who I Am: Kia noho au ki tōku anō ao Report of the Inquiry into discrimination experienced by transgender people

2. Key issues Inquiry into: • discrimination • accessibility of public health services • barriers to changing sex details on documents

3. The Inquiryprocess Celebration of Diversity

4. Terminology • Importance of language and terms across: • cultures • generations • gender identities

5. Dignity / Mana • Celebrate resilience and leadership

6. Findings - Discrimination • Four out of five submissions described examples of discrimination that ranged from harassment at work to vicious assault and sexual abuse. • For many trans people discrimination has become so common that they expect it. • The most common area of discrimination was employment (75 submissions)

7. Employment – key themes • Access to employment • Job retention and promotion (particularly during transition) • Workplace safety

8. Access to employment Negative reactions when a potential employer realised they were trans • in some cases at an interview • when citing a birth certificate or previous references It is extremely difficult to continue to survive on a benefit and to retain hope that things will improve significantly when you have skills and experience but continue to be denied equal employment opportunities. (Trans woman) I was dropped overnight as a candidate for a job when my ‘secret’ was discovered. I phoned the interviewer and he made awkward statements along the lines of having to ‘consider the feelings of other staff’ and take into account how well I would ‘fit in’. (Trans man)

9. Job retention and promotion • Under-employment The Manager put me stacking shelves. He said, ‘you wear a lot of makeup, it scares the customers’. For the six months I worked there, I never [got to work at the counter]. I got threatened by staff, derogatory comments, really horrible comments. (Trans woman) • Impact on career progression if you cannot disclose relevant information Living on a waiting list means you are unable to change careers or jobs easily as there is a need to keep enough sick leave and annual leave in credit for surgery and recovery. This can be detrimental to your career progression, especially if you are unable or unwilling to explain the reasons why. (Trans man)

10. Job retention and promotion “Felt pushed out” They said ‘you did say your new medication would impede your work ability’. I didn’t [say that]. It got to a stage where I couldn’t go back. I just left because the stress was too difficult . . . and stress makes my MS worse. (Trans man)

11. Workplace safety • Harassment I was representing a trans person in low-paid almost casualised employment. The reasonable requirements he had for needing time off work became a huge problem. Terrible stuff was happening each day at work – language, gestures and sabotaging his work. He was hugely victimised and the employer was refusing to do anything. (Union lawyer). • Lack of Privacy Other people’s curiosity is no excuse to override my privacy rights, yet my manager somehow sees that as a consequence of the process I am in, everyone else somehow has an automatic right to know my past rather than to simply meet me as an individual. (Trans woman)

12. Supportive workplaces They had no experience of this beforehand and the HR person hunted around on the internet and found a booklet. I went away on holiday and had written something out that [my boss] could use. He told everyone that the next day when I came back I would be [known by a new female name] and living and working as a woman. I came back and people said ‘Congratulations’, and ‘Well done’. (Trans woman working in the public sector)

13. Access to employment - key tips • Focus on relevant skills and experience • It is seldom necessary for an employer to know that a job applicant is trans • Often you will not be able to tell that someone is trans • Many trans people will fear loss of privacy and potential discrimination if they disclose this information • Trans people may have particular insights or skills from having lived as both ‘male’ and ‘female’ – but it is their choice whether to disclose those experiences

14. Scenarios 3 minute discussion with person next to you: Scenario 1: Someone on an interview panel asks you: “Am I able to ask a trans person for their previous name, in order to verify their identity”? OR Scenario 2 : Someone on an interview panel asks you: “I think a job applicant may be transgender. Is it appropriate for me to ask if they are?” What is your response?

15. Previous Name Details • If previous name details are required from all applicants, for a specific purpose, then it is relevant to ask trans applicants to provide these details. Otherwise it would be discriminatory. • As disclosure of this information can have significant additional implications for trans people: • reassurance should be given that the information will only be used to verify their identity and will not be used for any other purpose • are there alternative ways of verifying the person's identity? • It may be helpful to mention that, if the applicant is employed, they would then be consulted about how to retain such evidence on file so as not to compromise or breach their privacy.

16. Can I ask a job applicant if they are trans? • Generally, no. In most cases someone’s sex / gender identity has no bearing on their ability to do the job. • There are some very limited circumstances where it is legal to employ only a woman (or a man) for a particular position • where it is a ‘genuine occupational qualification’ (discussed in next session)

17. Transitioning on the job Transitioning at work is covered in this afternoon’s session. The key points are: • Gender transition can be a very stressful process • Many trans people fear employment discrimination at the point they transition • Reassure an employee that the company will be as supportive as possible • With the employee, agree on a plan for handling the work-related aspects of their transition

18. Harassment • High levels of harassment when: • trans people transition at work • a trans person’s previous gender identity is disclosed at work • Employer’s responsibilities • A supportive workplace can play a very important part in enabling: • someone to transition • a trans person to fully participate in their community

19. Findings - Health • Trans people and health professionals consistently raised the difficulties trans people have in obtaining general health services and being treated with dignity and respect when they did use them. • The Inquiry has identified major gaps in availability, accessibility, acceptability and quality of medical services required by a trans person seeking to transition. • These difficulties may place financial and other pressures on trans employees

20. Findings - Citizenship • Birth certificates and passports are among the important documents that affirm citizenship, protect New Zealanders from identity fraud and allow citizens to travel safely overseas. • Most trans people cannot obtain official documents that provide consistent and accurate information about theirgender identity and sex. • This makes it difficult for trans people to verify their identity to an employer without having to disclose they are trans

21. Recommendations and Suggested Actions: Work Reduce discrimination and marginalisation experienced by trans people by: ACTION: Providing information about issues for trans people in the workplace WHO: Department of Labour WITH: The Human Rights Commission, trans people, employers and unions ACTION: Reviewing policies and practices to ensure these do not discriminate against, and are inclusive of, trans people WHO: All government agencies WITH: Trans people

22. Recommendations Enable effective participation by trans people in decisions that affect them by: ACTION: Increasing consultation and collaboration with trans people on issues that affect them WHO: All government agencies WITH: Trans people

23. Recommendations Enhance the citizenship of trans people by: ACTION: Considering when it is necessary to gather sex data and, where necessary, ensuring categories for data collection reflect the diversity of trans people WHO: All government agencies WITH: Trans people (also privacy obligations to ensure information held is accurate)

24. Contact Jack Byrne Senior Policy Analyst Human Rights Commission jackb@hrc.co.nz (09) 375-8647 www.hrc.co.nz/transgenderinquiry