Supporting Two Spirit, trans and gender-diverse workers

Two Spirit, trans and gender-diverse workers and their allies in the labour movement have been fighting for workplaces that are meaningfully inclusive of gender diversity. This is an important step in bringing trans rights to fruition at work and, at its best, should include practical measures, such as:

• reviewing and updating policies and practices with a gender-inclusive lens
• providing paid gender-affirming leave(s)
• ensuring safe workspaces for gender-diverse individuals, including safe access to bathrooms
• providing ongoing training, educational resources and supports for other employees and managers.

These basic protections are critical in an underlying context of greater poverty and employment discrimination for Two Spirit, trans and gender-diverse people in relation to cis folks, and an increasing landscape of hate, the erasure of our existence, and the dismantling of hard-fought trans rights. And this is especially true for Indigenous, Black and racialized Two Sprit, trans and gender-diverse people, who face more discrimination based on their intersectional identities.

We all deserve to live and work with dignity and respect. These guides and examples of strong collective bargaining language will support you in your journey in building a gender inclusive workplace based on recognition of our shared humanity and respect for our differences.

Guides

• Bargaining Beyond the Binary: A Negotiating Guide for Trans Inclusion and Gender Diversity (CUPE, 2022)
• Workers in Transition: A Practical Guide for Union Representatives and Trans Union Members (CLC, 2019) (PDF)
• A Helpful Guide When Gender Transitioning in the Workplace: USW Transition Handbook (USW, 2021) (PDF)
  • Model bargaining language

Recent collective bargaining language

Here are some examples of language in recent contracts negotiated by BCFED affiliate unions:

HEU, BCGEU, CUPE and IUOE (Facilities Bargaining Association):

MEMORANDUM OF AGREEMENT (NEW) Between HEALTH EMPLOYERS ASSOCIATION OF BC (HEABC) and FACILITIES BARGAINING ASSOCIATION (FBA)

Re: Trans Inclusion General Transition Support

The parties agree to the following:

1. The parties will work together to protect the job security, privacy, and safety of trans workers at all times and during an accommodated transition in accordance with the Collective Agreement and legislation.
2. Upon an employee’s request, the Employer will work with the employee (and the Union, if requested) to prepare a transition or a gender support plan that is respectful, employee- centered, and tailored to the employee's particular needs.
3. Employees may request that the Employer correct their personal information, such as legal name and gender changes, on employee records, directories, and workplace documents. This may include seniority lists, nametags, employee IDs, email addresses, organizational charts, health care coverage and schedules and human resources documents. Employers will correct personal information pursuant to applicable privacy law.
4. Employers will review current policies and procedures, such as dress codes, to ensure they are consistent with trans inclusion.
5. Employers will make trans inclusive resources available to employees and managers.
6. Transphobia is a type of Human Rights Code harassment. Transphobia can happen at the workplace or online and includes but is not limited to intentional:
   • Deadnaming (using employee’s former name);
   • Misgendering (referring to someone using a word or pronoun that does not reflect their gender); and/or
   • Doxxing (sharing personal information, including old photos or medical information for the purpose of harassment or online mobbing).
7. This MOA is not intended to limit the work of the DEI Working Group in advancing trans inclusion in the workplace.

Extended Health Benefits Plan

Upon ratification, the Parties will make a joint request to the JFBT [Joint Facilities Benefit Trust] to:

1. Expedite a review of the extended health benefits plan to determine gaps in gender affirming care, including coverage for transition related expenses such as: reconstructive surgery, wigs, binders, gaffs, electrolysis and hair removal, prosthesis, hormone therapy, silicon/saline implants, special bras for prosthesis, voice classes, mental health and other specialized counselling, and medical-related travel expenses;
2. Amend the plan with coverage for the costs of gender-affirming care not currently provided at their discretion; and
3. Report out to the parties, Employers and employees on any plan design changes.

Transition Leave

The Employer will grant an employee a cumulative total of up to eight (8) weeks of leave with pay for medical procedures required during the transition period, available for gender affirming surgical procedure and revision. Additional paid or unpaid leave may be provided through collective agreement leave provisions.

Bathrooms

A trans worker may use the bathroom of their lived gender regardless of whether or not they have sought or completed surgeries or completed a legal name or gender change. Employers will:

1. Ensure single occupant bathrooms (where they exist) on their worksite premises are accessible by employees of any gender expression or identity and confirm this to the FBA within six (6) months of ratification, and
2. Issue a statement to employees about inclusive bathroom use in both single occupant and shared bathroom spaces.

Available at https://www.heu.org/sites/default/files/2022-09/HEU-comprehensive-report-Sept-21-2022.pdf

HSA, HEU, BCGEU, CUPE and PEA (Health Sciences Professional Bargaining Association)

NEW MOA - Re: Gender Diversity & Inclusion (Similar to above but some differences)

General Inclusion & Gender-Affirming Support

The parties agree to the following:

1. The parties agree that two-spirit, gender-diverse and transgender people have experienced and continue to experience barriers to respect, representation and safety in the workforce. Addressing these concerns in the health sector workforce is a critical strategy to ensure equity and inclusion within the health care system for both workers and patients/residents/clients/service users. To that end, the parties will actively engage in creating workplaces that are inclusive of gender diversity which may include policies and practices with a gender inclusive lens, gender-affirming leave(s), and workspaces for gender-diverse individuals and ongoing educational resources and supports.
2. The parties will work together to protect the job security, privacy, and safety of transgender, gender diverse, and two-spirit workers at all times in accordance with the Collective Agreement and legislation.
3. Upon an employee’s request, the Employer will work with the employee (and the Union, if requested) to prepare a gender-affirming support plan that is respectful, employee-centered, and tailored to the employee’s particular needs, including how and if any name or pronoun changes will be communicated.
4. Employees may request that the Employer correct their personal information, such as name and gender changes, directories, and workplace documents. This may include but not be limited to seniority lists, nametags, employee IDs, email addresses, organizational charts, and schedules. Employers will correct personal information pursuant to applicable privacy law.
5. Gender-identity and expression is identified as a type of Human Rights Code discrimination. Gender-based discrimination can happen at the workplace or online and includes but is not limited to intentional:
   • Deadnaming (using employee’s former name);
   • Misgendering (referring to someone using a word or pronoun that does not reflect their gender); and/or
   • Doxxing (sharing personal information, including old photos or medical information for the purpose of harassment or online mobbing).

This MOA is not intended to limit the work of the DEI Working Group in advancing gender diverse inclusion in the workplace.

Extended Health Benefits Plan

Upon ratification, the Parties will make a joint request to the JHSBT [Joint Health Sciences Benefit Trust] to:

1. Expedite a review of the extended health benefits plan to determine gaps in gender affirming care, including coverage for transition related expenses such as: reconstructive surgery, wigs, binders, gaffs, electrolysis and hair removal, prosthesis, hormone therapy, silicon/saline implants, special bras for prosthesis, voice classes, mental health and other specialized counselling, and medical related travel expenses;
2. Amend the plan with coverage for the costs of gender-affirming care not currently provided at their discretion; and
3. Report out to the parties, Employers and employees on any plan design changes.

Gender-Affirming Medical Leave

The Employer will grant an employee a cumulative total of up to eight (8) weeks of leave with pay for medical procedures and revisions. Additional paid or unpaid leave may be provided through collective agreement leave provisions.

Bathrooms/Changerooms

A worker may use the bathroom/changeroom of their lived gender regardless of whether or not they have sought or completed surgeries or completed a legal name or gender change. Employers will:

1. Ensure single occupant bathrooms/changerooms (where they exist) on their worksite premises are accessible by employees of any gender expression or identity by ensuring there is signage welcoming all genders and confirm this to the HSPBA within six (6) months of ratification; and
2. Post signage in all bathroom/changeroom facilities about diverse genders being welcome in these spaces.

Available at https://hsabc.org/sites/default/files/uploads/FOR%20WEB%20Ratification%20Booklet%202022.pdf