What should an employer do with respect to background checks or references for transgender employees?
Transgender job candidates who have already transitioned and changed their name may have worked, gone to school, or established credit in their former name. A background check or reference may disclose this name. Employers should keep in mind that the law forbids discrimination based on gender identity and expression, and that the use of a different name occurs for many reasons. If it is unavoidable that an employer asks for previous names, the employer should take care to treat the candidate exactly as any other candidate whose name has changed would be treated. An employer may be asked to give a reference for a former employee who has transitioned or changed their name. The employee’s former name may not match the new name expected by the person checking the reference. In this case, use the person’s new name and preferred pronouns. If asked, the former name may be confirmed. Because gender identity and expression are unlawful considerations in employment the former employer may not d
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