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HomeMy WebLinkAboutHUR070-002 Gender Identity and Gender Expression; Transgender and Gender Non-Conforming PersonsC4 602 DICKERING City Procedure Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non -Conforming Persons Procedure Number HUR 070-002 Reference Respect in the Workplace Policy Charter of Rights and Freedoms Ontario Human Rights Code Occupational Health & Safety Policy Date Originated (m/d/y) November 16, 2018 Date Revised (m/d/y) Pages 12 Approval: Chief Administrative Officer Procedure Overview Point of Contact Director, Human Resources The City of Pickering (the "City") is committed to providing a safe, respectful, and inclusive environment for community members who use our services and for all City employees. The City has a legal and moral responsibility to maintain environments that are free from discrimination and harassment. The City is committed to enhancing equity and inclusion through the provision of City services, and within the workplace, and to promote awareness of our human rights obligations. In accordance with the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code (the "Code"), the City recognizes the dignity and worth of every person, such that each person feels a part of our community and is able to contribute fully without harassment or discrimination. In order to ensure that all employees and members of our community, especially transgender and gender non -conforming individuals, feel safe and welcome, the City has developed this document specifically, to set out procedures to ensure the equitable, fair, and respectful treatment of all persons who work at or interact with the City as a resident or service user. Index 01 Definitions 02 Purpose 03 Rights and Responsibilities 04 Scope and Application 05 Required Competencies 06 Employee Procedures 07 Customer Service Procedures 01 Definitions The definitions identified below are based primarily on the Ontario Human Rights Commission's ("OHRC") Policy on gender identity and gender expression. The City recognizes that there may be some contention around these definitions within various communities, but has adopted those from the OHRC for alignment and consistency. This list of definitions is not exhaustive, and is not intended to be a comprehensive educational review. Employees who would like more information are encouraged to consult the resources identified in Required Competencies, or to contact Human Resources. 01.01 Cisgender and Cisnormativity - most people are "cisgender" (not trans); that is, their gender identity is in line with or "matches" the sex they were assigned at birth. Cisnormativity ("cis" meaning "the same as") refers to the commonplace assumption that all people are cisgender and that everyone accepts this as "the norm." The term is used to describe prejudice against trans people that is less overt or direct and more widespread or systemic in society, organizations and institutions. This form of systemic prejudice may even be unintentional and unrecognized by the people or organizations responsible. 01.02 Gender Expression - how a person publicly presents or expresses their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice. A person's chosen name and pronoun are also common ways people express their gender. Others perceive a person's gender through these attributes. All people, regardless of their gender identity, have a gender expression and they may express it in any number of ways. For trans people, their chosen name, preferred pronoun and apparel are common ways they express their gender. People who are trans may also take medically supportive steps to align their body with their gender identity. 01.03 Gender Identity - each person's internal and individual experience of gender. It is a person's sense of being a woman, man, both, neither, or anywhere along the gender spectrum. A person's gender identity may be the same as or different from their birth -assigned sex. A person may be born male but identify as a woman, or born female but identify as a man. Other people may identify outside the categories of woman/man, or may see their gender identity as fluid and moving between different genders at different times in their life. 01.04 Gender Non-Conforming/Gender Variant/Gender Queer - individuals who do not follow gender stereotypes based on the sex they were assigned at birth. They may identify and express themselves as "feminine men" or "masculine women" or as androgynous, outside of the categories "boy/man" and "girl/woman." People who are gender non -conforming may or may not identify as trans. Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 2 of 12 01.05 "Lived" Gender Identity - the gender a person internally feels ("gender identity" along the gender spectrum) and publicly expresses ("gender expression") in their daily life including at work, while shopping or accessing other services, in their housing environment or in the broader community. 01.06 Sex - the classification of people as male, female or intersex. Sex is usually assigned at birth and is based on an assessment of a person's reproductive systems, hormones, chromosomes and other physical characteristics. 01.07 Sexual Orientation - sexual orientation describes human sexuality, from gay and lesbian to bisexual and heterosexual orientations. A person's gender identity is fundamentally different from and not related to their sexual orientation. Because a person identifies as trans does not predict or reveal anything about their sexual orientation. A trans person may identify as gay, lesbian, queer, straight or bisexual just as people who do not identify as trans. 01.08 Trans or Transgender - an umbrella term that describes people with diverse gender identities and gender expressions that do not conform to stereotypical ideas about what it means to be a girl/woman or boy/man in society. "Trans" can mean transcending beyond, existing between, or crossing over the gender spectrum. It includes but is not limited to people who identify as transgender, transsexual, cross dressers or gender non -conforming (gender variant or gender queer). "Trans" includes people whose gender identity is different from the gender associated with their birth -assigned sex. Trans people may or may not undergo medically supportive treatments, such as hormone therapy and a range of surgical procedures, to align their bodies with their internally felt gender identity. People who have transitioned from one gender to another may simply identify as female or male. Others may also identify as trans, as a trans woman or a trans man. Some people may identify as trans and not use the labels "female" or "male." Others may identify as existing between male and female or in different ways beyond the binary of male/female. Trans people may identify their gender in many ways. There is no single or universal experience of what it means to be trans. As a result, different rrans people face distinct forms of discrimination in society, and this may relate to whether they identify as male, female, a person with a trans history, a person in the process of transitioning, a trans man, trans woman, transsexual, or gender non- conforming. 01.09 Transitioning - refers to a host of activities that some trans people may pursue to affirm their gender identity. This may include changes to their name, sex designation, dress, the use of specific pronouns, and possibly medically supportive treatments such as hormone therapy, sex reassignment surgery or other procedures. There is no checklist or average time for a transition process, and no universal goal or endpoint. Each person decides what meets his or her needs. Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 3 of 12 01.10 Transphobia - the aversion to, fear, or hatred or intolerance of trans people and communities. Like other prejudices, it is based on stereotypes and misconceptions that are used to justify discrimination, harassment and violence toward trans people 01.11 Trans Man and Trans Woman - A person whose sex assigned at birth is "female" and identifies as a man may also identify as a trans man (female -to - male FTM). A person whose sex assigned at birth is "male" and identifies as a woman may also identify as a trans woman (male -to -female MTF). 01.12 Two -Spirit - a term used by Indigenous people to describe from a cultural perspective people who are gay, lesbian, bisexual, trans or intersex. It is used to capture a concept that exists in many different Indigenous cultures and languages. For some, the term Two -Spirit describes a societal and spiritual role that people played within traditional societies, such as: mediators, keepers of certain ceremonies, transcending accepted roles of men and women, and filling a role as an established middle. gender. 02 Purpose Through this Procedure, the City seeks to provide employees with clear direction regarding actions and behaviour that is inclusive and respectful of all gender identities and expressions. This procedure has been developed to also raise awareness and understanding of our shared obligation to promote the dignity and equitable treatment of all employees and members of our community, regardless of their gender identity or gender expression. 03 Rights and Responsibilities All people have a right to be treated with dignity and respect, free from discrimination and harassment. The Code prohibits the harassment and discrimination of persons based on the prohibited grounds outlined within the Code, which includes gender expression and gender identity. Individuals are protected from discrimination and harassment in five social areas, including: • receiving goods, services, and using facilities; • occupying housing accommodations; • when entering into contracts; • employment; and • joining or belonging to a union or professional or vocational association. Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 4 of 12 In compliance with the Code, individuals who identify as transgender or gender non conforming have the right to be free from discrimination, harassment and violence, which includes the right to: • be identified and referred to based on their gender identity; • access facilities and services based on their gender identity; • be communicated with in a respectful manner; and • be able to voice a complaint or express concern about human rights violations without fear of reprisal. 04 Scope and Application All employees, at all levels within the organization, play an important role in creating safe, inclusive, and respectful environments for transgender and gender non -conforming employees and citizens, both within the workplace and in accessing City services. All employees at the City are required to follow the guidelines as set out within this procedure and to abide by all related City Policies and Procedures. For the purposes of this procedure, "all employees" includes, but is not limited to, permanent full and part-time, temporary and contract. Additionally, students, interns, and volunteers must also follow this procedure. This procedure is separated into two sections: • Employee Guidelines; and • Customer Service Guidelines. 05 Required Competencies • Guiding Legislation: 0 Ontario's Human Rights Code http s://www. o nta ri o. ca/laws/statute/90 h 19 Canadian Charter of Rights and Freedoms http://laws-lois.justice.gc.ca/eng/const/page-15.html Further Information on Gender Identity and Gender Expression: Ontario: Policy on Preventing Discrimination Because of Gender Identity and Gender Expression http://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and- gender-expression Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 5 of 12 Ontario: Questions and Answers about Gender Identity and Pronouns http://www.ohrc.on.ca/en/questions-and-answers-about-gender-identity-and-pronouns Creating Authentic Spaces: A Gender Identity and Gender Expression Toolkit to Support the Implementation of Institutional and Social Change http://www.the519.org/news/gender-expression-toolkit 06 Employee Procedures 06.01 Privacy and Confidentiality All employees of the City of Pickering are entitled to privacy and confidentiality. In accordance with the Municipal Freedom of Information and Protection of Privacy Act and personal Health Information Protection Act, the City has a legal obligation to protect data gathered and to ensure that information collected remains secure and confidential. Information is collected, only where there is a bona fide reason to do so. Information pertaining to a transgender and gender non -conforming person's gender identity must remain confidential, unless the person provides consent for information to be released. For example, prior to the first day that a transitioning employee will be publically expressing their gender at work, the employee may provide consent to a Manager or a representative from Human Resources to disclose some information to the employee's colleagues to confirm the City's support for the employee, increase understanding, and facilitate the transition. A person's medical history, particularly as it relates to transitioning, as well as any information regarding their gender identity must remain confidential. Where information may be required for accommodation or to otherwise meet the needs of the person, only relevant information should be shared and be limited to only those individuals with a need to know who are directly involved in the process. All employee information is kept in Human Resources in a secure filing location. Information must be securely housed and accessible only by those with a legitimate need to do so. Disclosure of a transgender or gender non -conforming person's gender identity or the extent of their transition without their knowledge and consent is prohibited and considered to be a form of harassment and discrimination under the Code. Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 6 of 12 06.02 Identification, Language, and Administrative Systems Everyone has the right to define their own gender. Transgender persons should be recognized based on how they identify their gender, without reference to anatomy or whether their identity documents reflect their gender identity. All persons must be referred to by their preferred name, gender and pronoun. All City employees are expected to use inclusive language within the workplace and during interactions with the public. Examples of this include using gender neutral language when gender specific language is unnecessary, for example using "people" instead of "men and women," "esteemed guests" instead of "ladies and gentlemen," or "they" instead of "he" and "she." Employees have a right to update their administrative record wherever possible to match their gender identity should they wish to do so. 06.03 Collecting Data on Sex and Gender Data on sex and gender is often collected when there is little or no need to know in order to provide a product or service. Before collecting data on sex or gender, thought should be given as to whether there is a legitimate need or a legal requirement to solicit this type of data. Where a legitimate need or legal requirement to collect sex and gender data has been identified, wherever it is possible, the option should be made available for people to self -identify in categories that go beyond the two categories of "female" and "male." The best practice is to allow employees to self-identity in an open text box. If data will be used in demographics and analysis, or to improve service delivery, a separate demographic question may be used to identify transgender/non-binary service users (e.g. What is your gender: Would you like to self -identify as: transgender, non -binary, two -spirit, or as a person with a history of sex/gender transition? Y/N). This information should not be included on the individual's account or data profile, but used in the aggregate. 06.04 Dress Code All employees are entitled to dress in accordance with their gender identity or gender expression. If employees are required to wear uniforms, uniforms will be provided that reflects the employee's gender identity. Dress code must adhere to the City of Pickering's Dress Code Policy. Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 7 of 12 06.05 Washrooms and Change Facilities The City of Pickering will make every effort to ensure that all employees can use washrooms with safety, privacy and dignity, regardless of their gender identity or gender expression. All persons have the right to access washroom and change facilities based on their self -identified gender identity. Where available, the City will provide a washroom for everyone, single stall washrooms for use by any persons who desire it (Appendix 1). The use of washrooms for everyone should be an option that people may choose but should not be imposed upon an individual because of the individual's gender identity. If any person has a bona fide reason to request additional privacy but private change room facilities are unavailable, accommodation will be provided on an individual basis to address the individual's needs. This may include such things as providing access to an office or a restricted area; implementing a change room schedule; incorporating in design of facilities; and creating a private area within a public area (i.e. separating an area with a curtain). Harassment of any person in a washroom/change room based on their gender identity or gender expression, including a challenge to the person's right to access the washroom/change room space because of their gender identity or gender expression, is unacceptable. Any employee who engages in harassment will be subject to disciplinary action as outlined in the Respect in the Workplace Policy. All persons have the right to use City washroom and change room facilities without harassment, sexual harassment, voyeurism, and physical and sexual assault. In addition to any legal sanctions that these behaviours may result in, employees engaging in these behaviours are subject to disciplinary action as outlined in the Respect in the Workplace Policy. If other members of the public have issue with patrons gender identify or gender expression as it relates to change areas, staff shall educate the person on the protection of the above-mentioned rights under the Code and offer the individual an alternate space, including the family room private cubicle. Should any negative behaviour continue after a discussion with the individual, staff shall escalate the matter to the supervisor on duty, security staff, or the Durham Region Police, if necessary. Staff will document all such incidents of harassment, or inappropriate behaviour, and provide to their immediate supervisor. Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 8 of 12 06.06 Employee Gender Transition The City is supportive of employees who decide to transition. The City will provide appropriate support and accommodation to employees during their transition process upon an employee's request. The City of Pickering's Human Resources Department will provide resources and support to employees beginning, and throughout, the transitioning process. Resources and supports will be determined through the collaborative development of an individualized gender transition accommodation plan. Transitioning employees are entitled to express their gender identity and gender expression without fear of discrimination, harassment, or reprisal. The City will work with the employee and the employee's union representative (as applicable) to develop an individualized workplace gender transition accommodation plan to identify and address accommodation steps that may be required in the workplace to support the employee's transition. This plan may include timelines and dates for when the employee will be addressed by their new name and pronoun; when employment records will be changed; when and how other employees will be informed of the change; and how management and the union will otherwise support the transitioning employee. 06.07 Support for Employees The City's Human Resources Department can provide employees with information, resources and support as required in order to provide high quality services to all persons and maintain an inclusive workplace environment. Should employees need assistance or guidance at any time in the implementation of this procedure, they are advised to contact Human Resources as soon as possible 07 Customer Service Procedures 07.01 Privacy and Confidentiality All persons are entitled to privacy and confidentiality. In accordance with Municipal Freedom of Information and Protection of Privacy Act and Personal Health Information Protection Act, the City has a legal obligation to protect data gathered and to ensure that information collected remains secure and confidential. Information must only be collected where there is a bona fide reason to do so. Information pertaining to community members should be kept only if necessary. Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 9 of 12 A person's medical history, particularly as it relates to sex assigned at birth, social or medical sex/gender transition, anatomy, as well as any information regarding their gender identity must remain confidential. Where information may be required for accommodation or to otherwise meet the needs of the person, only relevant information should be shared and limited to only those individuals who are directly involved in the process. Disclosure of a transgender or gender non -conforming person's gender identity or the extent of their transition without their consent and knowledge is prohibited and considered to be a form of harassment and discrimination under the Code. 07.02 Identification, Language, and Administrative Systems Everyone has the right to define their own gender. Transgender persons should be recognized as they want to be, whether or not they have undergone surgery or whether their identity documents reflect their gender identity. All persons must be referred to by their preferred name, gender and pronoun. 07.03 Collecting Data on Sex and Gender Data on sex and gender is often collected when there is little or no need to know in order to provide a product or service. Before collecting data on sex or gender, thought should be given as to whether there is a legitimate need or a legal requirement to solicit this type of data. What constitutes a `legitimate need' may vary. Employees should consider the following when determining whether to ask for sex and/or gender data: • What is the rationale for asking for sex and/or gender data? • Is knowing a person's sex or gender essential to providing a service? • Will this data be used in demographics and analysis? Is it useful to improve services? • Can the data be collected in an anonymized manner and analyzed in the aggregate, or is there a need to attach the data to an individual's administrative record? • How will this data be stored and kept secure? • Does asking for this data contribute to the City's equity and inclusion strategy? Where a legitimate need or legal requirement to collect sex and gender data has been identified, it is essential that the option be made available for people to self -identify, wherever possible, in categories that go beyond the two Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 10 of 12 categories of "female" and "male." One best practice is to permit persons to self -identify in an open text box format, wherever possible. If data will be used in demographics and analysis, or to improve service delivery, a separate demographic question may be used to identify transgender/non-binary service users (e.g. What is your gender? Would you like to self -identify as: transgender, non -binary, two -spirit, or as a person with a history of sex/gender transition? Y/N) and this information should not be included on the individual's account or data profile. 07.04 Dress Code All persons are entitled to dress in accordance with their gender identity or gender expression. An individual's gender expression, and the fact that it may be different from a staff member's expectations around dress or grooming that may be common based on a particular Gender Identity, shall not be used as grounds to question a person's self -identified gender identity or remove the person from a washroom or change room. 07.05 Support. for Employees The City's Human Resources Department can be contacted to provide employees with information, resources and support as required to the provision of high quality services to all persons. Should employees need assistance or guidance at any time in the implementation of these standard operating procedures, they are advised to contact Human Resources as soon as possible. Good faith and timely requests for assistance or guidance are encouraged if and when an employee is unclear about the application of the procedure in a particular situation, and an employee's timely request for assistance from Human Resources will be taken into consideration should a complaint be made regarding, the employee's handling of the situation. Appendices Appendix 1 Locations of `Washrooms for Everyone' in the City of Pickering Facilities Procedure Title: Gender Identity and Gender Expression; Transgender and Gender Non - Conforming Persons Procedure Number: HUR 070-002 Page 11 of 12 d 0 > 4= w 'v O L1 co E • 'L 2 U) Q. o 4.3 ® U tn o CIS C ✓ .e 0 Page 12 of 12