Transgender community lags behind others in workplace benefits

Delaware companies are ranked among the best in the nation for corporate policies supporting lesbian, gay and bisexual workers, but members of that community say state businesses lag behind in meeting the needs of transgender employees.

"Transgender workplace equality has been the trailing leg of this whole movement," said John Culhane, a professor at Delaware Law School, who has authored more than three dozen articles on the rights of lesbian, gay, bisexual and transgender (LGBT) workers.

A recent study by Washington, D.C.-based LGBT rights organization, The Human Rights Campaign Foundation, rated 851 companies in its 2016 Corporate Equality Index, a survey of corporate practices related to workplace equality. Delaware companies achieved an average score of 81 percent, a perfect score is 100 percent.

DuPont received a perfect score, while AstraZeneca achieved a 90. TD Bank, which also received a perfect rating, was listed with the Delaware companies despite being headquartered in Cherry Hill, New Jersey.

Both AstraZeneca and TD Bank released statements affirming their commitment to workplace inclusion and valuing LGBT employees.

"It says a lot that three major Delaware businesses scored 90 or above," said Deena Fields, director of The Human Rights Campaign Foundation's workplace equality program. "For a state Delaware's size, that's fantastic."

Sallie Mae Corp., the other Delaware corporation rated in the survey, trailed behind the other companies with a 35.

"We are committed to and value diversity, not only internally, but also extending to those with whom we do business," said Sallie Mae spokesman Rick Castellano in a statement "We provide the same competitive benefit offerings to all classes of benefit-eligible employees and coverage includes same-sex spouse and same-sex domestic partnerships."

DuPont won praise for championing LGBT rights both globally and in Delaware. The Wilmington-based chemical company was cited by Fields for publicly supporting Delaware's same-sex marriage bill in 2012 as well as legislation prohibiting discrimination on the basis of gender identity.

"DuPont has historically demonstrated leadership," Fields said. "It has weighed in on public policy in the past."

In fact, DuPont was one of the first companies to form an LGBT employee group, operating under the acronym BGLAD, which stands for Bisexuals, Gays, Lesbians, Transgenders and Allies at DuPont. The organization was formed in 1991, a time when such groups were more rare in the workplace. BGLAD has roughly 500 members nationwide, including 100 in Delaware.

"I think people think DuPont is very conservative, but in terms of respect for people and equality, the company has been forward thinking," said Kirsten Mucha, a Wilmington-based employee and co-lead of BGLAD. "One of their core values is respect for people, and they really walk the walk."

Despite Delaware's impressive performance in the survey, members of the LGBT community say businesses in the First State are still addressing issues related to transgender employees.

"In Delaware, we've only had a gender identity anti-discrimination law since 2013," said Mark V. Purpura, a corporate attorney with Richards Layton & Finger and executive director of Equality Delaware, an LGBT rights group. "Companies are still drafting policies and looking at what the federal government is doing in terms of taking action."

The most important benefit for transgender individuals is health coverage related to the transition. An increasing number of U.S. companies have modified their plans in recent years, but only a small minority offer such coverage. In 2009, only 49 major employers nationally offered transgender-inclusive health plans, according to The Human Rights Campaign Foundation. Today, that number stands at 418.

Culhane said one of the reasons companies are not more aggressive about meeting transgender worker needs is because they do not lobby for their rights with the same fervor as other members of the LGBT community.

"It is more mainstream gay and lesbian advocates leading the charge for the transgender," he said. "You don't see a lot of activism from transgender because they are most discriminated against of the groups."

There is no specific federal legislation requiring insurers to offer transition health coverage to members of the transgender community, but the Affordable Care Act mandates companies must accept gender identity disorder as a preexisting condition. Purpura said the ACA mandate should be viewed as federal legislation protecting transgender worker's healthcare needs.

"It is up to the companies to provide equivalent health care to all employees, including transgender," he said. "We see some companies are doing that."

TD Bank and DuPont both currently offer transgender health and wellness, including gender-reassignment surgery. DuPont has offered transgender health benefits for a number of years, according to Mucha.

Brian Germann, a lab analyst at DuPont's Yerkes plant, near Buffalo, is the co-lead for BGLAD along with Mucha. He said DuPont has embraced transgender workers since the early 1990s, when two worked at the Yerkes plant.

"It was really new to the people in the area at that time," he said. "Let alone having two transgender workers at the same work site."

In 2001, BGLAD changed its bylaws to expressly include transgender issues at DuPont, according to Germann.

Companies can appeal to transgender workers with the adoption of gender neutral bathrooms. Although such bathrooms are becoming increasingly common at colleges, including the University of Delaware, it remains relatively rare in the corporate setting.

Navigating the adoption of gender neutral bathrooms can be tricky for companies. Purpura said the best way to for management to address the situation is to have clear, but inclusive policies.

"It needs to be a transparent process that is explained to employees," he said. "It is important to communicate with people so they know what to expect. Everyone should know up front and the transgender person should be treated like the gender they identify with."

Culhane said the use of gender neutral bathrooms is crucial because it sends an important message of inclusion to workers.

"It provides support that the company offers a safe space," he said.

Companies may offer transition health benefits and gender neutral bathrooms, but there is little that can done to resolve the subtle discrimination of qualified transgender workers being rejected for jobs. The transgender unemployment rate is 14 percent, nearly three times the rate of the population as a whole, according to data from The Human Rights Campaign Foundation. Roughly 44 percent of transgender workers are underemployed.

"If you look at the employment prospects of transgender individuals there is a much higher poverty level," Purpura said "We have a non-discrimination law on the books, but that is not a panacea for discrimination."

Contact Jeff Mordock at (302) 324-2786, on Twitter @JeffMordockTNJ or jmordock@delawareonline.com.