Good afternoon. This brief presentation is going to focus on an emerging issue for employers in Canada, that being Transgendered employees.

While the concepts of gender change are not new, addressing them in the workplace certainly is.

For the purposes of this briefing, transgender includes transsexual persons, gender expressions (those who simply choose to express themselves differently than their physiology might dictate), gender-neutral, and intersexed persons

In this briefing, we will address some of the issues employers may have to consider if there are transgendered or transitioning employees in the workplace.

We will also look at what they law has to say on the matter.

Finally, we will make some recommendations for your consideration.

We have noted that the concept of transgenderism is not new. In some cultures it is widely accepted. In india, for example, there are the Hijra, who are legally identified as a third gender - although the roots of their movement are more spiritual in nature. There is also a broad spectrum of transgendered people within Polynesian and South Pacific island cultures.

Within North America, however, mainstream acceptance is something else entirely. The Court of Queen's Bench in Alberta described the transgender community as one the most unemployed and underemployed segments of our society. They are also among the most vulnerable.

One does not have to look far in the law databases to read of cases involving transgendered employees, poison work environments, workplace harassment and violence, and more. One case of note is Vanderputten v. Seydaco Packaging from the OHRT as one example of egregious treatment of an employee who transitioned from male to female in a very hostile environment.

As with any of the grounds for discrimination, it is not just individual or person-to-person discrimination. Systemic discrimination may also exist within an organization's workflow, recruitment practices, HR systems, payroll, security, and so on.

In Ontario, the OHRT created a policy which specifically included gender identity in the prohibited grounds for discrimination. This policy was updated in 2014 to include identity AND gender expression. Most, but not all, provinces have amended their Human Rights codes or definitions of sexual harassment to include gender identification and/or expression. The Canadian Human Rights Code also makes specific reference to gender identity as being implicitly recognized.

Bill C-279, a private member's bill that would have enshrined TG rights in Federal Law, passed the House in 2013 but has been stalled in the Senate and is not yet the law of the land.

However, critics have "opposed the bill on other grounds, such as the argument that pedophiles would be protected when they lurked in public bathrooms.

Shortly before Wednesday's vote, Calgary MP Rob Anders tabled a petition "on behalf of thousands" of Canadians opposed to what he called "the bathroom bill."

"These constituents feel that it is the duty of the House of Commons to protect and safeguard our children from any exposure and harm that would come from giving a man access to women's public washroom facilities," Anders said.

The concept of gender inclusion does have some support from an unexpected quarter in the form of the Ministry of Municipal Affairs and Housing, via the Ontario Building Code. The administrators of the code are calling for newer buildings to include such amenities as gender-neutral washrooms and/or change facilities into new buildings.

As with other issues such as harassment and discrimination in general, one of the primary remedies to consider is increased awareness: both for those who are working alongside transgendered individuals and specifically FOR transgendered individuals, as they may not be aware of their rights and protections under the law.

Many organizations have existing Diversity policies and programs and this is an excellent place to start improving awareness and inclusion.

This is one example of a deceptively simple solution to a very prominent issue.

Other areas to consider are accommodations with dress codes, personal protective equipment, benefits providers, medical or surgical leaves, physical facilities arrangements and accommodations (where feasible)

Gender identity is finding expression as early as primary school and, for the most part, the education system is supportive of these children and making welcoming and supporting environments. But in order for them to find that same acceptance as they enter the workforce, We repeat the call for employers to improve awareness and education on the issues surrounding transgendered employees in the same way as they would promote workplace safety or workplace culture.

It's about more than just bathrooms.