This template Policy is intended for use in any Nova Scotian workplace. The Policy is informed by our Moving Beyond the Binary guide, and is intended to help you ensure that your workplace demonstrates meaningful inclusion of two-spirit, trans, non-binary, and other gender diverse employees. We recognize that every workplace is different, and so this template may not suit each organization’s unique needs. We encourage you to adapt the Policy as needed to suit the structure, roles, and organizational requirements of your workplace.

Gender Diversity Workplace Inclusion Policy

WORKPLACE NAME

Policy informed by Legal Information Society of NS’s guide Moving Beyond the Binary.

PURPOSE 

This policy focuses on ensuring a safe, inclusive and productive workplace environment for two-spirit, trans, non-binary, and other gender diverse employees. It sets forth guidelines to address two-spirit, trans, non-binary, and gender diverse employees’ needs and how to protect their rights and safety while promoting a work environment that celebrates diversity.  

LANGUAGE

For the sake of clarity, this Policy uses the term “gender diverse” as an umbrella term to refer to anyone who identifies as transgender or trans, non-binary, two-spirit, or any other diverse gender identity that is different than the gender they were assigned at birth.  

SCOPE

This Policy applies to all  WORKPLACE NAME employees.

• WORKPLACE NAME employees are expected to read and understand this Policy and how it relates to them.
• WORKPLACE NAME employees are expected to expediently request additional information from their supervisor if they are uncertain about any aspect of this Policy.

WORKPLACE NAME is committed to creating a safe and welcoming work environment and does not tolerate discrimination on the basis of sex, sexual orientation, gender identity, or gender expression. WORKPLACE NAME respects individual identities and believes that a person’s identity, including their gender identity, is for them alone to determine.  

WORKPLACE NAME employees will:

• Work to prevent stigmatization by fostering dialogue and understanding of gender diversity in the workplace.
• Foster an environment where people can be who they are without fear of unwanted consequences, and where employees, community partners, and clients of all diverse genders are treated with dignity and respect.

GENDER DIVERSE EMPLOYEE RESPONSIBILITIES:

1. Notify Management of Updates to Personal Information and Any Workplace Supports Required: The gender diverse employee should notify their direct supervisor, a Human Resources representative, or another relevant member of management, about any changes that need to be made to their employee record, such as updates to their pronouns and name in their employee file, or any supports that may be required, such as time off for healthcare needs, if applicable.
2. Provide Relevant Information: For clarity, employees are only required to provide as much information as would assist WORKPLACE NAME in providing relevant support and fulfilling its legal obligations. Examples of information a gender diverse employee may share include:  

• The date the employee wishes to update their name and pronouns in the workplace, and whether the employee wishes this information to be communicated to coworkers.
• The employee’s desired communication plans and timeline for sharing this updated information (who to bring on board, how, and when). The employee may wish to communicate this information themselves, or can request that leadership communicate relevant updates (for example, through leadership sending a team email with the information).
• Notification to management of any requests for time off for gender affirming medical procedures, if applicable. The employee does not need to provide specific details to management about what kind of medical treatment or process they require. The employee may be asked to provide a doctor’s note so that WORKPLACE NAME can assess and provide accommodations such as medical leave, in accordance with the duty to accommodate under the Nova Scotia Human Rights Act [or Canadian Human Rights Act if the employer is federally regulated].

3. In unpredictable, volatile, or uncomfortable situations, gender diverse employees are never required to provide response to offending language or behaviour. Instead, the employee may bring their concerns to a relevant member of management, who will follow up to address any situation in which any gender diverse employee experiences behaviours which may be considered harassing or discriminatory in nature.

MANAGEMENT RESPONSIBILITIES:

1. Will prioritize the needs of the gender diverse employee as much as possible, providing special care to avoid any “outing” of the gender diverse employee without their consent.
2. Reassure the gender diverse employee of their support and that they will work to create a climate of understanding and mutual respect among all employees. Because every gender diverse person may have different needs, management will work with the employee to determine what type of support will assist them in feeling comfortable and respected in their gender identity in the workplace and at any workplace events, job sites, and online environments associated with WORKPLACE NAME.
3. Provide Organizational Information: Ensure that the gender diverse employee knows about the organization’s policies and processes for supporting gender diverse employees, including this Policy, any Policy governing diversity and inclusion in the workplace, and any Policy and procedures regarding workplace harassment.  
4. Communication: With the gender diverse employee’s consent, notify relevant management members who should be made aware of any pronoun or name updates so that organizational leaders can voice support when the employee’s new name and pronouns are made known to the work team.
5. Workplace Supports: If any new or existing employee discloses that they are gender diverse, management will communicate with the gender diverse employee to explain any available supports. This may involve sharing information on the following areas:  

• Ensure the employee understands any gender affirming health care benefits they may be eligible for and that if time off is needed for medical reasons, sick pay and leave policies will apply
• Determine what updates should be made to the gender diverse employee’s records, and when they will be made.
• With full consent of the gender diverse employee, determine how, and in what format, coworkers will be made aware of any gender identity-related updates such as new name and pronouns.

1. It is up to the gender diverse employee to decide if they would like to make some coworkers aware of any such updates on a one-on-one basis beforehand.
2. It is up to the gender diverse employee to decide if they would like a written memo, email, or handout to be shared with staff, or an in person staff meeting to share any gender identity-related updates.

• In consultation with the gender diverse employee, decide what, if any, additional training should be provided for employees to help create a supportive environment.  
• Identify what steps the employee should take if they experience any stigmatization or discrimination in the workplace.  

6. Ensure that any name change and new pronouns are updated in all workplace records and documentation. If an employee’s legal name is different from their chosen name, WORKPLACE NAME will retain the legal name in the employee file but will keep this information as confidential as possible and will refer to the gender diverse employee by their chosen name on all other documentation such as email, phone directory, name tag, company identification card, etc.  

STATEMENT OF CONFIDENTIALITY

The gender identity of an employee is considered confidential and should only be disclosed with the consent of the employee.

When recruiting and onboarding new employees, Human Resources is committed to ensuring that the workplace feels welcoming and safe for people of all genders.

HUMAN RESOURCE RESPONSIBILITIES

1. Will check in with all new employees about their pronouns. This practice should be applied to everyone regardless of whether they may be cisgender or gender diverse.
2. Maintains a straightforward process for employees to update their names and pronouns as needed. Names and pronouns are kept in employee personnel files which includes basic information such as address updates, emergency contact updates, and other relevant personal information. When names and pronouns are updated, Human Resources or the appropriate manager will take prompt steps to ensure that all other workplace documentation reflects this updated information, including business cards, email address, name tags, and any other places where names and pronouns may be displayed.
3. Respects and protects the privacy of gender diverse employees. This means:

• HR will be mindful to honour the importance of confidentiality and will avoid outing anyone in any workplace setting.
• HR has a streamlined, confidential process for keeping track of legal names and chosen names when these are different. This form will be shared with as few people as possible to minimize the risk of outing someone in the workplace. If a new employee has to provide documents that may have a different name than their chosen name (for example, a criminal record check), these documents should not be shared with anyone who does not need to see them.

4. Provides training for all current and future employees focused on 2SLGBTQIA+ inclusion. This training is included during onboarding, so that new employees can understand how best to demonstrate respectful inclusion.
5. Supports employees who are transitioning at work. This includes updating names and pronouns as required, and making sure that gender diverse employees feel safe accessing the washroom that best aligns with their gender identity.
6. Provides clear information on time off for gender affirming care and any gender affirming healthcare which may be covered by the employee’s benefits plan. HR understands that some gender diverse people may require gender affirming healthcare. HR will work with this employee to provide accommodations as needed and clear information about what kinds of gender affirming care are covered under BUSINESS NAME’s health benefits plan.