COM3469 Managerial Communication

Introduction

The report is prepared with the focus on analysis issues and conflicts surrounding the restroom facilities provided to the transgender employees within the workplace of organisations. It will also discuss about how the problem or issue can be solved with the use of John Dewey’s sequence of problem solving, furthermore, ensure implementation of conflict management theories and frameworks. It will highlight the resolution techniques or procedures about overcoming the conflicts resulting from restroom facilities provided for the transgender employees within the organisational workplace (Kogan, 2016).

Analysis Of Issue Surrounding The Case Study

According to Symmes and Mensik’s article of “Heeding transgender restroom, workplace rules; Establish clear policies to minimize legal risk”, there are many companies present worldwide, which have been unaware and lacked proper knowledge about allowing transgender employees to use the gender specific restrooms within the workplace. Falling under the civil rights law, it could be a major violation or breach to the law and could be illegal to prohibit them from using gender specific restrooms that do not match to the gender identity of those individuals within the workplace. One of the major issue surrounding the case study analysis here is the prevention of transgender employees within a workplace, to access the restroom facilities that are shared by other employees of the organisation, which represented clear sex based discrimination and inequality towards them (Rishel Elias, 2017). This kind of denial of facilities, when considered from an employee perspective and not from the view of a transgender, clearly highlights the violation of Civil Rights Act. In many cases, in spite of mentioning the employer by a transgender female during the start of employment contract and has been working as a female employees, still has been restricted to access the women’s restroom, which seem to a major problem associated with the gender discrimination and limited access to facilities along with unequal treatment of transgender employees within the workplace. The issues also relate to the gender segregated facility for the transgender employee usage, which often remains inconsistent with the gender identity and other gender related aspects. They are often separated and discriminated, due to which, they had to use separate restrooms or gender neutral restroom facility that make those individuals feel uncomfortable and expressed their concerns about the same (Kleintop, 2019). Thus, these are the issues and it clearly represents the violation or breach of civil rights law, which must be dealt with properly and within quick time for promoting equality and prevent discrimination towards transgender employees within the workplace.

Resolution Of Conflict By Applying John Dewey’s Problem Solving Sequence 

Considering he changes within the marketplace and workplace of organisations, it has become increasingly important to manage a diverse culture and diversity within the workplace can play a major role in it. The cultures of individuals at an organisation are pervasive and it represent the way he or she feels comfortable with. The workplaces tend to consist of people from different backgrounds, cultures, ethnicity, race, colour, creed or gender and often the trans genders, working at companies have been discriminated and prohibited to use restroom facilities like others within the workplace (Fleming & McFadden-Wade, 2018). Based on John Dewey’s problem solving technique, the sequence of actions include definition of problem, analysis of the problem, evaluate the criteria for solution, propose those solutions and evaluate those solutions considering the case scenario here and finally make selection of one solution.

The first step of the sequence is to define the problem, which, here is about prohibiting the transgender employees to use the restroom facilities within the workplace. The problem has been prominent for a long time within the workplace where different kinds of people from different cultures and backgrounds work together. The transgender employees faced issues of discrimination, thus denied access to use the washrooms, as per their gender identity in the employment contract (Sikandar, 2016).

The main causes of the problem are the gender identity and discrimination within the workplace, which also make them socially isolated from the group. There are certain policies and bills that have been passed to prevent any sort of discrimination towards transgender, though by checking for their gender identity from the beginning of their employment at the organisation. Workplace discrimination must be prevented and not to harass those individuals within the public facilities physically, verbally or emotionally (Thomassen & Jørgensen, 2020).  

The Guidelines set for managing a workable situation within the organisation include implementation of several policies including the Civil Rights Act, Non Discrimination law, Equal Opportunity Law, etc., which could protect the rights of transgender employees working at the organisation. The Government and regulatory bodies have enabled the bathroom bill to pass, as a legislation or statute to ensure that the transgender individuals gain access to the public toilets properly (Harrison, 2017). The clear set of policies and principles are to be acknowledged and informed to the employees for ensuring tha6t they do not get affected while getting access to the sex aggregated restroom facilities, based on their gender or sex identity, such as sex assigned to them during their birth, gender listed in the birth certificate or any other aspects to gender identity. The unisex restroom facilities at the workplaces could be another effective solution to overcome such issue, experienced by these group of individuals (Rudin et al., 2016).

Though there are multiple ways or approaches to be delivered as an effective solution to the issue, the most suitable solution has to be the prevention of discrimination and allow the transgender employees to access the restroom facilities, corresponding to the gender identity of theirs, as presented to the employer during the start of employment. It should though be supported by the management of social inclusiveness and equality among individuals within the workplace and by establishing clear policies, principles and procedures to overcome legal risks. Not only does the issue revolve around the lack of access to restroom facilities within the workplace for the transgender employees, but also they have faced discrimination, inequality, hatred from the co-workers and friends at the workplace (Cobb & McKenzie-Harris, 2019). The harsh and harassing behaviours often create misunderstandings among the transgender community, thus, it is crucial for showing support to them, prevent discrimination. The implementation of organisational policies could ensure that the transgender employees feel welcomed and supported by everyone. Their responses must be welcomed in the work union and also needed to be prioritized, which should foster equality and better social inclusion (Moody, 2016). The Human Rights Commission and state enforcement agency have enacted various laws, rules and regulations that could also enable the employers of the organisation to maintain gender specific restrooms and permit the transgender employees to use those without any discrimination or harassment. In case of single restrooms present within a workplace, the restrooms must be considered as gender neutral (Bader, 2017). All these approaches could also ensure that the working environment does not become hostile, due to violation of the anti-discrimination and harassment policies, thus promote diversity management, equality and a workplace free from discrimination based on race, culture or gender.  

Conclusion

Considering the analysis of workplace restroom conflict, where transgender employees have been denied access to restroom facilities within the workplace, it is cruc8al to manage a sequence of problem solving and John Dewey’s approach seemed to be appropriate. The causes of such issues include gender discrimination and inequality within the workplace, due to which, the most effective solution to the issue has been to provide the transgender employees with access to the restrooms that correspond to their gender identity, as told to the employer during the beginning of employment. The establishment of clear set of policies would also be beneficial for preventing such issue. This is the best solution to the issue, though it must be aligned with the laws and policies against discrimination, to ensure that the employees could use the restroom based on their gender identity, without any harassment, questioning or discrimination. Thus, it would create ease and convenience for transgender bathroom usage within the organisational workplace.

References

Bader, A. (2017). Whose Bathroom Is It, Anyway: The Legal Status of Transgender Bathroom Access under Federal Employment Law. S. Cal. L. Rev., 91, 711. [https://heinonline.org/HOL/LandingPage?handle=hein.journals/scal91&div=25&id=&page=]

Cobb, J., & McKenzie-Harris, M. (2019). And justice for all... maybe: Transgender employee rights in America. ABA Journal of Labor & Employment Law, 34(1), 91-111. [https://www.lcldnet.org/media/mce_filebrowser/2019/11/04/Cobb_McKenzie-Harris_final_proofs_34-1.pdf]

Fleming, M. B., & McFadden-Wade, G. (2018). The legal implications under federal law when states enact biology-based transgender bathroom laws for students and employees. Hastings Women's LJ, 29, 157. [https://heinonline.org/HOL/LandingPage?handle=hein.journals/haswo29&div=17&id=&page=]

Harrison, J. B. (2017). To Sit or Stand: Transgender Persons, Gendered Restrooms, and the Law. U. Haw. L. Rev., 40, 49. [https://heinonline.org/HOL/LandingPage?handle=hein.journals/uhawlr40&div=5&id=&page=]

Kleintop, L. K. (2019). When Transgender Employees Come Out: Perceived Support and Cultural Change in the Transition Process. The Journal of Business Diversity, 19(5), 55-67. [https://search.proquest.com/openview/544edd47fe4f08a98e97bfd8fdadd947/1?pq-origsite=gscholar&cbl=1576345]

Kogan, T. S. (2016). Public restrooms and the distorting of transgender identity. NCL Rev., 95, 1205. [https://heinonline.org/HOL/LandingPage?handle=hein.journals/nclr95&div=32&id=&page=]

Moody, E. B. TRANSGENDER DISCRIMINATION CLAIMS. COLE, SCOTT & KISSANE, PA| WINTER 2016, 4. [https://www.csklegal.com/wp-content/uploads/2016/12/CSK_winter-quarterly_final-12_8.pdf#page=4]

Rishel Elias, N. M. (2017). Constructing and implementing transgender policy for public administration. Administration & Society, 49(1), 20-47. [https://doi.org/10.1177/0095399716684888]

Rudin, J., Yang, Y., Ruane, S., Ross, L., Farro, A., & Billing, T. (2016). Transforming attitudes about transgender employee rights. Journal of Management Education, 40(1), 30-46. [https://doi.org/10.1177/1052562915609959]

Sikandar, A. (2016). John Dewey and his philosophy of education. Journal of Education and Educational Development, 2(2), 191-201. [http://dx.doi.org/10.22555/joeed.v2i2.446]

Thomassen, A. O., & Jørgensen, K. M. (2020). John Dewey and continuing management education: problem-based learning for organizational sustainability. Journal of Workplace Learning. [https://doi.org/10.1108/JWL-05-2020-0080]

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