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Transgender people now legally required to out themselves to employers


Guest ValerieD

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Guest ValerieD

I'm suprised this went under the radar here. The Federal government just changed the requirements on the I-9 Employment Verification form. Now, instead of requesting "maiden name", they request "other names used", which requires transgender workers to disclose their old name. Even a legal name change cannot protect us now.

I discovered this while going through the job offer process with a company and I have a thread about that in the coming out forum looking for advice - please reply there if you have any, because I have a bunch of documents that I need to return to that company tomorrow!

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  • Forum Moderator

You can run but you can't hide in today's world....

No surprise really, thanks for the heads up Valerie, appears they just broadening the scope. A lot of folks change their name for reasons other than marriage.

C -

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Guest Sarah Michelle

Not trying to go around the rules but I never provide my former name if asked. My birth certificate shows my current name/sex and luckily the state I was born in seals the document. The only way someone can get it is by court order.

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My childhood was in the sixties and seventies, this all smells like the attemps then, to put down all the civil unrest for everything of civil rights, war and generally directed at people that would not conform. I guess we take our turn at being the target minority. History going round and round, with a new face painted on the presentation. I have not lost faith in humanity, society? I'm not so sure anymore. Bob Ross never painted the boogie man, just happy little trees... Jody

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Guest Jenni_S

There are many reasons people change their names, ours is only one. Like it or not, you did have your previous name. The background check that virtually every employer runs WILL turn it up, anyway. If you leave it out, you open yourself to a lot of questioning, and give the impression that you lie on government forms. And I've learned, never, ever lie, even a lie of omission, on a government form.

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Guest toni_mi

This worries me. I'm only just starting to work things out. I currently live in a very conservative area, and I have plans to move to Seattle in 5 years. I'd like to transition as soon as I move, or soon after I arrive there, but this worries me. Once I fully transition, I don't want anyone to know about my other name because it's not me. How is this right? Won't this make it harder for those of us who haven't transitioned yet, or are in the middle of transitioning?

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Guest ValerieD

Well, looks like I forgot to include the link I wanted to: http://www.immigration.bakerdonelson.com/index.cfm?fuseaction=viewContentUpdate&contentUpdateID=105&ContentID=489&CatID=49&SectionID=41

And yes, I'm not at all happy about having the old name (nor about being trans; simply being a woman isn't enough for me, I'm not sure how I'll be happy not being a cisgendered woman (I'm a perfectionist, and if I make a change, I like to break from the past and not even acknowledge there was a past; I don't like having to provide "legacy support" for my old male identity)).

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  • Forum Moderator

The truth is that we are and always were the men and women we were born as far as gender identity but we have a medical and social history that will follow us. I am a man. Period as far as my self identity. . But I am also a transman as far as my history. I can no more leave that behind than that I was born in Texas and have blue eyes. I can and have moved to another place and can wear contacts to make my eyes another color but I was still born blue eyed in Texas and transgendered. It isn't a label I wear. Or will wear-just a fact of life. I have nothing to hide or deny because I am not ashamed that this birth defect occurred.

The need to hide who we are and go stealth is rapidly changing and I hope the day will come it doesn't matter. If it comes up fine but I see no need to bring it up. People seldom mention their birth defects to me in conversations and I don't often have reason to mention being blind in one eye or trans.

The current situation with violence and terrorism and the information age mean we are going to get caught in situations like this that are not aimed at us but at security primarily. Something I fear we are just going to have to accept whether we agree or like it or not. We are too few to block laws meant to protect employers and enhance security. Nor will it further our cause for equality to try. If we act like this is something to hide we send a message that it is wrong and shameful.

Johnny

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  • Admin

What we really need here is two things;

First some education to potential employers on how to use our prior history and how to treat it.

Second, some realism on our part and a willingness to work with employers who may absolutely want to have us in their organization if we meet job related criteria.

For those of us 30 and above, we want decently paying careers but those careers depend on our having certain background skills and a verifiable work ethic.

<My male name> had thirty three years with an employer, and during that time he did certain things that became a matter of public record in very positive ways. I want even a part time job now, but I want it to be interesting even more than well paying, but to get the job I want, I must have the qualities I exhibited in my former job. My former job does not know me as Vicky, and the laudable public records cannot be changed to Vicky, since some of them are over twenty years old. My name change of course is a matter of public record. The fact I am able to supervise a team of professionals can only be verified in my old name. The fact that I had a salary over $$$$$$ and am worth a higher salary likewise relates to my male persona. I am happier to be me and "on the other side", but honoring who I was is good for any future I wish to pursue. I am skilled and experienced person, but my experience was as <My male name> and denying it is pretty darn silly, and puts me at >30 in a position of having to begin at the lowest and least skilled levels, and not taking any of the good I did in fact have into my future.

We do need to educate employers that we are providing this information openly to show them what we, as our current selves have experienced and learned. Our basic character too will be inquired about with former supervisors and colleagues, and lackluster, or sneaky and non committal answers can be used by the employer in their negative decision to hire us. We have the experience they are looking for we have and have had the high level of character they can count on, and when they get and use information on our PRIOR Real Life Experience, they need to consider us to be a continuation of a prior good, honest, skilled and personable person who, no matter what we deny, did exist, and did work and earn.

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Guest Mia J

Sorry to hear about this. I am already in the work force and am in the process of fully coming out at work so this will not effect me until I change employers. I can see where it will cause issues with most trans folk who, understandably want to remain stealth.

Mia

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  • Admin

When I applied for my volunteer position, I was required to list any "former names" on my application. They needed it to run a thorough background check, which I understand completely. The position works with the public, and with children.

I could have protested, or put DNA. In either case, I might have been denied this "job" that I wanted very much, either because I made a pest of myself or lied about my past. I did neither, and put my old name.

You know what happened? Nothing. Does someone in Admin now have a reasonable suspicion that I'm trans? Perhaps. Has it mattered? Not in the least.

I think we take our fear of being "discovered" too far, sometimes. If you want a particular job bad enough, you'll do what is required to get it. If not, then you can find a job where they don't ask you about your past. Those will be few and far between, I'm afraid. My advice is to stop worrying so much, and just live your life. There are no guarantees, but chances are you won't be humiliated for being honest on your job application.

HUGS

Carolyn Marie

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Guest ValerieD

Since this thread (rather than my other one) has all the activity, I figured I'd post this here. This is my letter for acceptance of that job I mentioned; I'm hoping to send it out later tonight. Thoughts? (Mods feel free to move this to the other thread if you think that's appropriate)

I'm accepting the offer; attached are the signed documents, including a signature on the ethics policy to confirm concurrence. I plan to go to Watertown on some Monday to complete the drug screening.

Also: to clarify the "other names used" field on the I-9 form, I'm mentioning that I'm male to female transgendered. I thought it would be best to mention this now rather than leave it to the I-9 form for you to find out. I would appreciate it if my colleagues could get to know me as a woman rather than the transgendered employee.

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Guest sophia.gentry58

This is a good topic, I've wondered, seldom, but wondered nonetheless whether making my transition will make it harder for me to obtain and or maintain employment. What I've concluded is the same conclusion I came to when dealing with my ethnicity; unless someone blatantly let it be known that I will not be hired, or am being fired because I am transgender, then it will be a complete waste of my life's energy to give in to anxiety over what otherwise cannot be known.

Sophia

"When the power of love overcomes the love of power, the world will know peace." - Jimi Hendrix

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I have just applied for a new job and I do not remember any questions about other names on the form that i filled out for the background check.

If they ask, I will give it to them because I am not ashamed of who I am or the man that I used to be because I made sure that he was a good man, the best that I could make him - now I am trying to be the best woman I can be.

Life is not always the way we want it, I would like to have been born female and rich but I missed on both counts.

Happiness is really all up to us so do not let putting and old name on a form stop you from being happy, just fill it out and forget it.

Love ya,

Sally

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Guest Kelly-087

Since this thread (rather than my other one) has all the activity, I figured I'd post this here. This is my letter for acceptance of that job I mentioned; I'm hoping to send it out later tonight. Thoughts? (Mods feel free to move this to the other thread if you think that's appropriate)

I'm accepting the offer; attached are the signed documents, including a signature on the ethics policy to confirm concurrence. I plan to go to Watertown on some Monday to complete the drug screening.

Also: to clarify the "other names used" field on the I-9 form, I'm mentioning that I'm male to female transgendered. I thought it would be best to mention this now rather than leave it to the I-9 form for you to find out. I would appreciate it if my colleagues could get to know me as a woman rather than the transgendered employee.

Personally I'd write it. Since you kind of have to, and ask for confidentiality regarding the change in name.

That way at least you leave some room for legal recourse if things go un-realisticly wrong.

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