Sex change employee

sunshine state · June 2004

We are a non-profit, senior serivce org. Last fall our male case manager started sex change proceedures-name change, shots-not all operations as yet-very costly. Since the change we have had 3 clients who complained that he/she was a man is women's clothing and wanted a different case manager. When the third complaint came in we wrote a counseling memo and plan to let him/her go. We have to respect the rights of the elderly. Great employee but just doesn't make it yet as a woman-walk manners, etc. big person. Has anyone else experienced this situation? Also my boss (doesn't like him/her) said that we can not use our letterhead for a recommendation? Said that there is a law against it. Any ideas on either subject. He/she did sign a paper stating that if there was any problem with the change we would have to do what is right for the agency.

ritaanz · June 2004

I'll take a stab at this.

With regard to the reference letter, if he/she asks for one, I see no reason why you cannot not create one that would be completely neutral and impartial. Do not know of any law that would be involved, unless it is a FL law.

Since you have already received 3 complaints and requests for another case worker, it is time to sit down with him/her and go over the statement he/s signed. I think that they would understand.

Would it be possible to let him/her continue working for say, 2 weeks, while he/s looks for a job? It would make the termination so much easier for him/her.

deniseE · June 2004

I would be curious to read the law that forbids an employer to use letterhead to write a recommendation for an employee. The sex change does not seem to have impacted the quality of the work..but rather the nature of the work is incompatible with the medical process.

Any job reference should focus solely on his work function.

The best way to accomplish this may be to offer to let him resign. Because this was discussed in advance, I'm sure he knew it would be a possibility.

NM _Tom · June 2004

"He/she did sign a paper stating that if there was any problem with the change we would have to do what is right for the agency."

Can you explain this a little more? Is this an employment contract? A statement of job duties? Why was a document created prior to the change?

In NM the State Human Rights act now covers "gender identity" as a protected class along with race, sex, etc.

sunshine state · June 2004

This was an agreement because of the change. It says:"The agency informed me that should my personal decision and actions have negative impacts, including agency reputation and community trust, economic implications, or client confort and well-being, on the agency or clients, my continued employment may be at risk." There was two other incidents plus many calls refering the ee to "it, he, thing" and that the client did not want to talk with he/she.

Pork · June 2004

Without further hesitation take the action specified by your joint agreement and allow the employee to resign with a two week notice, pay him/her the two weeks and call it quits. Your clients are your greatest concern and if they are unhappy, the company might loose its ability to operate.

PORK

Dasher · June 2004

There is no law that I am aware of that would necessitate you not using the letterhead for a reference letter. The "boss" seems pretty petty to me by withholding a letter of reference for an employee who performed well (just because "he doesn't like 'em").

Not knowing how large a client base this employee (or your company) has I will still venture to say that three clients requesting a change in case manager may not be a large percentage. It does not sit well with me that an employee undergoing a lifestyle change which must be extremely tramatic, yet continues to perform well, will be terminated or asked to resign because clients can not see the "forest for the trees". Perhaps they would rather have a "do nothing" case manager as long as outward appearances are "normal". Seems to me they are the ones who need counseling, rather than the other way around.

sunshine state · June 2004

Dasher The clients and elderly and only see the ee
as a cross dresser. The ee has not had any changes except dress and shot. The ee has about
50 clients and has to see these client at least
once a year. If they have problems then the ee has to visit. The clients do not want to even talk on the phone to the ee.

Rockie · June 2004

I believe if the employee was gracious enough to agree to resign if this issue caused a problem, then the employer should be equally as gracious to extend a letter of reference if the job performance warrants it.

One of the other posters brought up a good point about some states having laws against discrimination against these folks - "genetic pre-disposition" is one term that is used. Not protected by federal statute (yet) but check your state laws on this one.

sunshine state · June 2004

Rockie Fl does not have these folks in a protected class as yet.

NM _Tom · June 2004

Is there another job that the employee could be placed on that wouldn't require site visits? I'm not sure that I would go along with a termination.

sunshine state · June 2004

Sorry Tom not at this time. We would keep their name on file.

Dasher · June 2004

[font size="1" color="#FF0000"]LAST EDITED ON 06-10-04 AT 11:28AM (CST)[/font][br][br]I know, Sunshine, and believe me I empathize with a company going through this; however, it is dangerous sanctioning clients determining the sexual preferences of staff, from the HR point of view. There may be good cause to change the three clients to another manager, but to terminate/resign a good performing employee, I do not think so. You are right, it can be difficult to work with the elderly in that they can have some inflexible opinions, especially in matters such as this. Why, I even have some strange ideas on the subject myself. Cross-dressers are usually "in the closet" aren't they? This person seems to be going for an open and honest lifestyle.

Do your clients pay for the services you render or is it subsidized with either taxes or funding from other sources? This may also need to be factored into the situation.

sunshine state · June 2004

Dasher we are funded by Fed,State,private, plus some of our programs are paid in full by the clients or their families. We changed all his clients when he made the change and gave her new ones. We have even given her a chance to make herself looks more like a woman. This has been going on since 10/2/03-offical date.

marc · June 2004

We are a non-profit also and our mission, our very reason for existence as a company, is all about serving the clients. We try to remove all possible barriers to meeting their needs.

With that in mind, I would suggest you walk very carefully through this issue before you make a decision you could regret later. The federal and state dollars you are receiving can require a more strict adherance to a variety of HR laws and regulations than private company counterparts that do not receive these funds. From that perspective, and signed documents aside, I would think a person well into the gender change process could easily originate a sexual preference discrimination claim that might have some merit.

dbutton111 · June 2004

Sunshine, I don't know of any laws in FL that say you can't give a recommendation on letterhead. If it is a law I know thousands of companies that aren't in compliance!

I think your boss may be referencing the Gainesville rapist of a few years back. He worked for a carpet cleaning company. He would rape women after he learned the lay of their apartments, learned some intimate details and schedules, etc. The company had done a background check but had only glowing recommendations. Turned out that one of the recommendations was totally false, the prior employer of the rapist (before the carpet cleaning company) had let him go due to attacking, though not raping, a client of theirs. So the prior company was also sued because they gave a good recommendation, on company letterhead. Several legal opinions during this time were that if the company had remained silent and given just dates of employment then they couldn't have been sued.

I remember this because it changed so many of us HR folks in FL and our view on recommendations.

As to what you're really asking about, I agree with many of the others, it'd be hard to come up with a valid reason to let this person go. If he sees 50 seniors and three have complained, then does that mean the other 47 are ok with him/her? If so, then what's the problem. I bet all of us could come up with 6% of our "clients" who don't like us.

HRratrace · June 2004

I am at a loss for the most part on this, but this uneasy feeling inside my gut tells me that terminiation is not the answer.
Your post states that he/she is a great employee. So without good grounds for dismissal (ie: work related misconduct or failure to perform the job duties as required), I would strongly advise you to seek legal counsel before taking any kind of action on this.
Odd and out of the norm he/she may be, but it sounds like that is the only issue that is at hand...

Just my two cents :0) Good Luck!!!

Sex change employee

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