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Gianna Israel Gender Library
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Relief for TransgendersIn addition to working as a community counselor, I also keep a watchful eye on the status of civil rights for other minority groups. I do so because sometimes issues affecting one group of persons, may at times affect others. Recently, America's largest life and health insurer decided it would make a public apology and provide restitution payments for profits it made insuring slaves in this country 150 years ago. Shortly after this event took place I was asked by a client if it were possible for transgender persons to seek relief or restitution for the hardship they have endured over the centuries. Good question. Not to play light of a horrible crime against humanity, slavery, transgender persons are also a class of individuals who have been discriminated against, violated and even killed. These acts were not perpetrated against us for the color of our skin, but rather for our challenging the sensibilities and stereotypes of those unlike us. For simply daring to be ourselves. Transgender folks come from every ethnicity and background. Similar to slavery, which was an organized American institution, discrimination and violence against transgender persons has been endemic throughout our society. At one time laws barred individuals from wearing the clothes of the opposite sex from which one was born, and while such laws were devised out of homophobia (irrational fear of gays) at their heart these also punished people with gender identity differences. While some of these laws have been repealed, others remain at local government levels. Where such laws no longer exist, an overabundance of societal prejudices are reflected in our written and unwritten healthcare standards, corporate policies, media stereotypes and general attitudes effecting transgender men and women. As a distinct class of persons the probability of gaining restitution from a large corporation or government would be impractical and almost certainly an impossibility. What is more likely on an individual basis is the opportunity for transgender persons to gain relief from the hardships they encounter in society on a day-to-day basis. This can be done by seeking redress through individual and small class action petitions in court, or through obtaining relief through government agencies designed to protect individuals from discrimination, or on a simpler level asking to speak with a supervisor or manager when one is not treated correctly. The preceding lends clues as to what perhaps is one of the most important dynamics of seeking relief or assistance, in just about every possible situation involving discrimination. Start from the bottom, and move upward with your requests or complaints. In other words, even at the most local level, such as at a grocery store, if you encounter bad service and transphobic snickers from a clerk, ask to speak to the manager. Then, if no assistance or relief is offered addressing your complaint, move upward and seek the assistance of the district manager or owner. From businesses to police departments, and from healthcare agencies to companies such as insurers, most organizations have a supervisory structure. Only when that business or organization structure fails, is it then time proceed upward to an outside monitoring agency. Documentation is also an extremely important dynamic in lodging discrimination or service complaints with most businesses and organizations. People often lose out by failing to recognize the power of writing information down. Do not allow this to happen to you! Documentation can be done by remembering to write down the 'who, what, when and where' connected with a situation. Who said? What was said and acted? When and where did this happen? And, who witnessed the situation? Documentation is vital when encountering a bad circumstance, or in the midst of trying to find out what polices affect you. It is actually rather exciting, the many clever ways transgender persons can document claims and research policies. During a phone call with an insurer, make sure to get the person's name or if someone makes an important statement (we will pay for your surgery), ask for that in writing. If a clerk disrespects you, and this is heard by another, ask for the witnesses' contact information and the clerk's name before proceeding to management. Or, if you have difficulties during a routine police stop, after finding out the officer's badge number, ask to speak to a supervisor. Proof of an event through documentation, in addition to demonstrating your having lodged complaints up the organizational ladder, added together in many circumstances will provide enough information for a third party to assist your case at a later date. My most favorite quibble involves policy matters that discriminate against persons making a transition. Many times transgender individuals are told that a company or organization's "policy" does not allow a certain changes to accommodate transgender people. Changing names often falls under this category. All too routinely I am contacted by transgender persons, who had difficulties trying to change their name on such documents as school records. The schools will state that it is not their policy to change a person's name because of gender transition, sometimes even with a court order. In instances such as these, additionally armed with a copy of the school's policy allowing for name change when women get married, I instruct the transgender person to advise the school they must change the name or risk serious consequences for failing to accommodate transgender individuals when the school obviously changes names for others. More to the point, many business and organization policies do not address transgender individual's needs at all, and bringing this to the attention of the policymakers in a businesslike manner will usually open the door for accommodating transgender persons' needs. Whenever decisions are made at such a level, they must always be placed in writing. The road to gaining monetary relief or restitution when transgender individuals have been wronged is exhausting and complicated. However, in many instances, seeking redress in court is unnecessary. Typically, our most common reward comes from learning how to deal with situations as they arise, and not allow others to take advantage of us. And, certainly, demanding that we be treated with respect. A business or organization's policies or employees cannot be allowed to hamper our road through transition and survival. Should our paths be interfered with, because we have transgender identities, when they would not ordinarily be disturbed for non-transgender persons? Absolutely, not. In most circumstances the preceding are battles a person can win by standing up for him or herself. When you encounter difficulties such as described earlier, make certain to avoid personalizing these issues. A company or organization's policies does not make the person you are dealing with good or bad. Simply address the issue of the policy as business. In instances where you have been discriminated against, remember that your being a transgender persons (or having been discriminated against) doesn't make you a bad person. The situation involves the other person's lack of information, education or ignorance. If you choose to confront that, handle it as business, nothing more. Be prepared to state how the situation effected your situation, and how it would effect other transgender persons, but allow yourself to move on with your lifeand feel good about yourself and your efforts. |
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GENDER ARTICLES. This educational column authored by Gianna E. Israel is regularly featured on the 3rd Monday of each month in Tg-Forum, the Internet's most up-to-date, weekly Transgender Magazine <http://www.tgforum.com/>. Several weeks later each article is forwarded to Usenet and AOL <Keyword TCF>. Each column has been written to inspire contemplation and dialogue. Columns may be reprinted in any medium insofar as each article, its introduction, and the author's contact information remains unaltered. GIANNA E. ISRAEL provides nationwide telephone consultation, individual & relationship counseling, evaluations and referrals. She is principal author of the Transgender Care (Temple University / in press 1997). She also writes Transgender Tapestry's "Ask Gianna" column; is an AEGIS board member and HBIGDA member.She can be contacted at (415) 558-8058, at P.O. Box 424447 San Francisco, CA 94142, or via e-mail at Gianna@counselsuite.com. |
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Copyright © 2001 by Diane Wilson. All rights reserved. |
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