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Think You Need a Trans Inclusion Policy? It’s More Complicated Than You Think
23 Plays3 days ago
Do you need a trans inclusion policy at work? Or could it actually create more problems than it solves?
When organizations look to support trans and non-binary employees, one of the first questions that comes up is: Should we create a trans inclusion policy?
In this episode of Gender in Focus, we break down how to approach trans inclusion in the workplace — and why creating a standalone trans inclusion policy isn’t always the best solution.
While policies can play an important role, they can also lead to unintended consequences, confusion, or even backlash if they’re introduced in the wrong way or at the wrong time.
We explore how to decide whether you actually need a trans inclusion policy, how to avoid common mistakes, and what to do instead.
We talk about:
- When a trans inclusion policy is useful — and when it isn’t
- Why some workplace trans policies backfire
- How to support trans and non-binary employees without creating unnecessary complexity
- How to embed gender identity and inclusion into existing policies (like anti-discrimination and privacy)
- The difference between policies, guidelines and toolkits — and when to use each
- What’s changing in Canada and the U.S. — and how legal and cultural shifts are shaping workplace decisions
Whether you’re in HR, leadership, or responsible for workplace policies, this episode will help you make more informed, practical decisions about trans inclusion — beyond surface-level solutions.
Find out more about how you can work with us here: https://www.transfocus.ca/organization
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Transcript
Introduction to Gendered Focus Podcast
00:00:06
Speaker
Hello, here. Welcome back to Gendered
Why Are Inclusive Policies Important?
00:00:09
Speaker
Focus. Today we're talking all about policies and the different ways organizations can approach them when it comes to creating trans and non-binary inclusive workplaces. While policies can be really important, not everything needs one and there are a lot of considerations that come into play. when you're trying to make
Expert Insights on Trans Inclusion
00:00:27
Speaker
the right call. um I have no idea what I'm talking about when it comes to this, so thank God I'm here with an expert.
00:00:34
Speaker
Hello, ka Hi. um Thank you so much for boldly going into this uncharted territory with me to unpack it, explore it, and whatnot. So, yes. I feel like we should start at the beginning because I am a newbie so maybe other people are too.
Understanding Workplace Policies
00:00:51
Speaker
When we say policies, what are we actually talking about in a workplace context?
00:00:57
Speaker
Yes, that is an important basis to establish. There's many different workplaces and the culture around policy making and kind of direction, things that people ought to or must or are expected to do are outlined in various documents. Some have a legal basis as
Balancing Policy and Culture
00:01:21
Speaker
well. i Think like workplace, respectful workplace policies, um anti-discrimination policies. These do have a basis in human rights legislation, it doesn't always have to be legalistic, but is some way of an organization clearly outlining what it is that...
00:01:40
Speaker
employees or even sometimes customers need to do or follow in order to be in alignment with what the organization requires. Also can define what the employer's responsibilities are towards the employees, et cetera, et cetera. But it's just one place to bring all these things together.
00:02:00
Speaker
Now, some organizations have tons of policies. think of education, especially post-secondary education, just generally has a lot of policies.
00:02:12
Speaker
I think of healthcare, care also another sector that just is oozing policy. Other organizations on the other spectrum, perhaps are very light on policy and rely on their culture to sustain what is expected or how to be with one another in a shared space or shared objective and so forth. So It can span the gamut, but um there's quite a wide range based on culture and or even some legal requirements, what kind of policies exist.
00:02:47
Speaker
who Given that there is such a massive range then, obviously not everything does need to be a policy, presumably.
Aligning Policies with Culture
00:02:55
Speaker
And so how do you decide when something should be a policy versus maybe it should be something else?
00:03:03
Speaker
Yeah. I mean, the first place I check is culture. So what are the expectations around when something is serious enough that warrants kind of the weight of a policy and where people are looking for that guidance or support in understanding what they need to do?
00:03:22
Speaker
And so I will kind of take an a read of other policies to understand where along that spectrum an organization lies. um But if an organization is very light on policy and then suddenly there's a trans policy, that can really tip things in a weird, awkward, or even place where people push back on it. Right. Because it kind of stands out in an awkward
Identifying and Addressing Policy Gaps
00:03:50
Speaker
way. Right. In...
00:03:52
Speaker
especially if they already have other mechanisms for sharing what the expectations are. And so it really just is trying to be in alignment with how other things are spread throughout an organization and um being being in lockstep with them. And so that's the first thing. Obviously, too, you have to think about whether there's existing policies that can already cover the examples that you're trying to cover, right? Sometimes it's like three different policies that cover the three different things that you're wanting to convey.
00:04:30
Speaker
And then it feels almost like redundant to have something trans-specific rather than just putting that into the examples of that within the existing policies.
Integrating Trans Inclusion into Policies
00:04:43
Speaker
that's Those are some of the things we look at. Could you, can i ask you to go into that a little bit more just in terms of, obviously we're talking about this from, from an approach of making things more inclusive for trans people. So what gaps could there be in policies that are already in place that would require either like, what's the difference between creating something brand new specifically for trans people? Because in some cases that is relevant. And then in other cases, like you've just said, you could just slot it into what's something you've already got. So what would that difference look like in terms of trans inclusion?
00:05:15
Speaker
Yeah, so I'll provide three examples. Not all of them
Guidelines vs Policies for Inclusion
00:05:19
Speaker
apply to each workplace, but um hopefully to certain sectors they will. So the first one is anti-discrimination.
00:05:28
Speaker
So there won't be any bullying or harassment. That's generally already covered in, you know, work respectful workplace policies and or anti-discrimination policies. And then you just need to clarify, this also includes trans and non-binary folks. Like, sometimes do need to spell it out, and that's okay, but that's within the existing one. And maybe even provide some examples of what's considered discriminatory.
00:05:55
Speaker
E.g. ah intentionally misgendering somebody. So refusing to use their pronouns even when you know them or not going to an alternative of not using any pronouns. So there's that.
00:06:08
Speaker
The other one is privacy and confidentiality. So um people may not realize that sharing so um that somebody is trans without their consent is a violation of privacy. um Right. But privacy is already usually covered in another policy.
00:06:28
Speaker
And again, that's where you can then be like, hey, this also includes trans people, e.g., and then spell out an example so people understand. Right. And that's where usually people are going for privacy generally. So it's almost like you have to think where would somebody go first to get this information and almost use a like a user approach to
Formalizing vs Flexibility in Policies
00:06:51
Speaker
that. Right.
00:06:53
Speaker
The last one, again, won't apply to every workplace, but is overnight accommodation. um This is especially within a school context where students are going somewhere else, you know, sport or debate team or whoever is going to another town, another country, whatever, and they're going to stay overnight. Usually those are shared accommodations, so students will bunk up with each other.
00:07:22
Speaker
and typically those are based on gender lines. So boys together, girls together. Generally, they don't think about non-binary kids, so it just puts people in a very difficult position.
00:07:37
Speaker
But usually there's already, like, um like a field trip guideline or policy already in place that allows for that to be delineated. So that's another example where if you have a separate policy, it feels like this is sufficiently distinct, which it actually isn't.
00:07:58
Speaker
It's just an and one example of many. could be religious grounds or body dysmorphia or medical needs um that would require additional privacy for accommodation.
00:08:11
Speaker
and trans and non-binary could be one of those as well. We talked about how not everything needs a policy. Obviously, you've just given examples of where we can sort of redesign current policies to make them trans-inclusive, but not everything does need a policy. And so what are some other ways organizations can deliver the same outcome without defaulting to policy, whether that's creating something new or or yeah adding to a current policy?
00:08:38
Speaker
Yeah. So it's, yeah, it's not that you just walk away and are like, we're done. No policy needed. Lovely. There is still important work to do, but it's just a matter of how you do it, right? So maybe it's not the policy vehicle or you're adding examples to the the existing policies, but then you still need some amount of clarification.
00:09:02
Speaker
ah Typically, gender diversity is relatively new to a lot of people. And so they don't know about pronouns. They don't know what misgendering is. They, you know, don't know the kind of nuances of privacy. like So we recommend some guidelines or toolkits that allow an organization to unpack the nuances, especially specific to their organization. It could include employees, it could include customers or clients.
00:09:34
Speaker
It's just getting people to think about these things in a little bit more detail that is kind of stemming from the mention within the policy, the existing policy, and then, you know,
00:09:47
Speaker
kind of expanding on that within practical practical terms. And typically a toolkit is not coming from you have to or you must. It's coming from we invite you, have you considered, you know, more of a supportive stance than a directive stance.
00:10:06
Speaker
hu
Overcoming Policy Resistance
00:10:07
Speaker
What would you say, i don't know if this is a big question or a nothing question, so apologies, but what would you say are the pros and cons of putting something into a formal policy as opposed to keeping it that bit more flexible in that way?
00:10:22
Speaker
Yeah, it's actually a really good question because i and I would say my answer has changed over the years. it's still the same outcome, but different answers, ah particularly given the current environment we find ourselves in, which there is a backlash against trans issues.
00:10:40
Speaker
And what is happening within certain organizations is they're doing, you know control F to find all the instances in which diversity or specifically trans issues are mentioned within policy and are deleting them.
00:10:58
Speaker
So that's where there's value in having things exist in um current policy as an example. rather than having a standalone policy which can easily be deleted and then everything's gone. right It's a bit of future-proofing this policy. Sadly, we have to think about these types of realities um that if they're kind of more embedded, deeply embedded in existing policies, they're less
00:11:30
Speaker
they' it's more difficult to remove them. essentially right i can see that you'd have to sort of unpick yeah it would be like unpicking a stitch as opposed to just deleting something entirely like yeah it's a little bit more challenging Yeah, that's ah a really good kind of way of describing it. And I wish we didn't have to think about it in that way, but it is a particular reality that has in the last year or so surfaced.
00:11:56
Speaker
So it's definitely something to consider. And even if you think, oh, we're in a very progressive place, city, state, province, or elsewhere, It's not guaranteed, you know? So that is something um to to think about or think through.
00:12:13
Speaker
ah The other reason for it, with a policy, whenever one says you must, that can create a backlash. in of itself, especially on something that is as new to people. It's not a new concept or thing, but just new to people. They they need more time to to really digest it. And if you come from a you have to position, that can then delay things from being absorbed.
00:12:43
Speaker
Versus, hey, here's some new information. We're here to support you. We can answer questions. Here are some, you know, things to think about and to incorporate into your every day. And you have the time and space to absorb it.
Global Contexts: US vs Canada
00:12:59
Speaker
think that posture lends itself more easily to people taking action um in their own time and way. Especially, i suppose, given that it is a new topic and that it's sensitive for a few people. Yeah, totally. And I think a lot of people are nervous. It seems to be very, what some people call controversial. i think it's not so controversial in of itself. It's just a lot of, you know, energy around it has created that sense or that perception of it. Yeah.
00:13:34
Speaker
And so people are very gingerly dipping their toe into this this area and are in like heightened, um it heightens ah you know, looking out for what might be like yeah tricky terrain. So, yeah.
00:13:53
Speaker
oh Well, you've mentioned the current political and legal context. And I'm curious if you don't mind answering this about how those contexts are shaping how organizations should be approaching policies right now. And also what you're seeing in places like Alberta or the US or in other areas of Canada, even where that tension is really being felt, like what that's looked like for so the way policies are being approached. Yeah.
00:14:18
Speaker
bo yeah Yeah. I mean, in the U.S., in certain states and federally as well, the shift the tide has shifted pretty much to the opposite. um ah Like active, making you things difficult for for trans and non-binary folks, whether it's driver's licenses, access to health care, access.
00:14:40
Speaker
You know, even workplace disc anti-discrimination um now for some states does not include gender identity and expression. It's only sex. And that's the only thing that's important to those states.
Navigating Regressive Policies
00:14:54
Speaker
And... um Yeah, and then in some cases, trans and non-binary folks can go to jail if they use the washrooms of their gender identity as opposed to their sex at birth. So it's like, not just that you don't have access to your washrooms, but you can get in trouble for it, even at work, right?
00:15:14
Speaker
yeah So that really puts trans and non-binary folks in a very tough spot. Yeah. um Many are having to think about, do I move?
00:15:27
Speaker
Can I work with them my employer? You know, because there are progressive employers in regressive states. And so they're trying to figure out much in the way that that this is also the case in Alberta.
00:15:41
Speaker
ah An organization wants to be inclusive, but now is banned from doing that. You know, I think in Alberta, it's not as bad in workplace context. Most of the stuff is about youth, trans youth.
00:15:56
Speaker
at school, accessing gender-affirming care, and participating in sport. So, it has less to do with the workplace, but still, there are can be trickle-down effects where if that's where an employer is inclined anyways, they're more than happy to align with those types of regressive policies and will kind of lead the way.
00:16:19
Speaker
And so, that can make things very difficult for folks. So, yeah, that's why that's where there's value in considering how do we use policy or maybe, you know, just embed it ah in existing policy is a yeah good consideration. I would also say too, that certain organizations that want to be progressive are thinking about how the existing bands or,
00:16:49
Speaker
regressive policies in either states or provinces that are against trans people, they're starting to be very creative about their policy and how they implement their policy. So they're not going to participate in this. They're going to make it really difficult to implement this.
00:17:07
Speaker
I think that's really interesting um kind of approach to how not to participate or not participate fully in right regression. Right.
00:17:20
Speaker
That's really interesting.
Policy Failures and Lessons Learned
00:17:22
Speaker
Have you seen situations where a policy felt like the right move, but it didn't actually work in practice or it wasn't actually necessary or even just conversations around that?
00:17:33
Speaker
Well, I wouldn't say generally, but in certain sports, like not even There's like one or two sports where the trans inclusion policy was perhaps premature. And unfortunately,
00:17:53
Speaker
didn't lead to the outcomes that were desire, inclusive outcomes, right? It created more ire than it helped. And that's an unfortunate thing because of course you think, well, it's, we're all about inclusion and we want to help spell that out for folks. And yeah sometimes you have to be really clear and firm and and, signal that to trans and non-binary players. And not suggesting that they shouldn't have done it, but perhaps there's like a bit of scaffolding that needed to be put in place for that's that policy to be successful.
00:18:29
Speaker
um Right. And maybe communications or training or maybe even consultation, not in the sense of like, are we going to include trans people or not? That's not what I'm suggesting because that's an awful premise. But but more so, like, what does fairness mean to us?
00:18:48
Speaker
How do we exercise fairness? What um is acceptable or not acceptable? Not speaking about trans people, but just like the concept of it. And I think those unpackings can sometimes yield so much more nuance and position a trans inclusion policy to fit it within that. And you're able to connect those dots in a lot easier way. So those are some of the things I think about. And of course, that's not all trans inclusion policy in sport. I think it's an important thing. But it's the bringing it to life that is pretty critical. And in certain settings, it there's not the readiness until a little bit more legwork is done.
Effective Policy Implementation
00:19:31
Speaker
Yeah. That's interesting. So there's often like work necessary beforehand to stop policies ending up kind of being limiting rather than helpful, I guess, in a way.
00:19:44
Speaker
Or causing more problems for trans and non-binary players um unwittingly. Like it's not the intention of the policy, but by virtue of how it's received, suddenly there's a backlash that wasn't there before, or maybe it was more mild.
00:19:59
Speaker
um And so, yeah, it's unfortunate. Like we don't, it it doesn't feel good when that happens. um But there's kind of a reality that having to kind of work with rather than right just assume it's not there and then kind of push things forward.
00:20:20
Speaker
Yeah, that too. Yeah. um we've talked a lot about the benefits of sort of adding on or including trans people within a current policy as opposed to creating a brand new one and obviously in some cases there there is a necessity for their own policy but um what I was curious about is to whether there were any risks in just adding on to existing policies like adding on trans inclusion to an existing policy Yeah, that's that's a that's a really important question because, you know, having trans people being part of a list of examples is really powerful in the sense that it shows us being a part of a larger tapestry of humanity, you know, that are maybe needing some additional consideration or additional action. However, um sometimes people need more details and just a few handful of examples won't suffice for people to really get it. Or they have very specific nuance, like really deep niche things that they're trying to ah figure out. And then the policy can be quite broad, have broad statements and you're like, okay, cool. And right what do I do? Right.
00:21:38
Speaker
so and sometimes can get a bit lost as well so even if it's listed people can overlook it and kind of um there's a they can deny that you know it's a thing versus if it's a separate policy it's like well if you missed a whole policy undeniable yeah it's Yeah, I think it's a little bit harder to overlook a whole policy versus examples. And whether those examples fulfill the needs of the people um who are trying to action that policy is another matter.
Transfocus's Role in Policy-Making
00:22:16
Speaker
Got it. So to close up then, um obviously, this is something that Transfocus works on a lot with organizations. So could you go into the kind of work that you do? And I guess where people can find more information?
00:22:29
Speaker
Yeah, absolutely. So yes, we do help with policy or procedures, and essentially trying to determine whether you need one and within the existing ecosystem of policies where you follow along that policy spectrum and also just to how to support people to action, to implement and not just to kind of theoretically know about this. And so either a policy or a toolkit or guidelines, we have various templates already. So some of that work has already been The heavy lifting has been done based on all our work with hundreds of organizations over 10 years.
00:23:12
Speaker
And then it's just about tailoring it to the organization, the specific needs. We explore if there have been incidences in the past and how those could be implemented.
00:23:24
Speaker
you know, avoided with clarity, greater policy or procedural clarity. um And sometimes it can even ah kind of elucidate other pockets that need some attention as well, whether it's from a systems perspective or washrooms and change rooms or whatnot. So sometimes the policy process can show other places.
00:23:48
Speaker
And yeah, we have a very kind of well thought out process that we undertake with clients to get them to a you know, secure, um clear and operational policy or procedure process.
00:24:03
Speaker
And then we also train on that as well. So we if if if it's needed, we can help introduce it to kind of perb provide an explanation of why this is needed and how to implement it and so forth. Yeah. So we we're there all the way along.
00:24:20
Speaker
Cool. Great. Well, I'll add a link to the website so you can check that out. um And I think that's it. Is there anything else you want to say? that's it. It was really great to unpack those various nuances. It can be a bit tricky to figure all this out, but yeah, I'm really glad we were able to kind of dive it a little bit into it to explain some of the nuances.
00:24:41
Speaker
Sweet. Well, thanks so much, Kai. And we'll see next week. Yeah. Bye for now.