Gender Identity and Work: Not Going Through This Life as a Ghost

For thirteen years now, May has commemorated the passage of Gender Identity Law 26.743 in our country. Although it may seem obvious, laws are the result of tireless demands—political and legislative, of course, but above all, the fruit of profound debates taking place within our societies and putting countless affected actors under pressure. The Gender Identity Law is one of those achievements that arises from the very first need and activism of those affected and, as such, a clear attempt to repair a shattered social fabric for trans and transvestite people. Understanding our societies in this way, as a network, helps us think about—and intervene—where people's lives are trapped in the gaps between institutions and social structures.

In this sense, work is an area that connects social and personal life. That's why, at Grow – Gender and Work, we believe that companies and labor organizations cannot ignore this deep commitment to people's well-being. We commemorate the anniversary of a law because it constitutes the first stitch, the first thread laid, to weave the survival of those who, were it not for the commitment to the transformation of our societies, and as Pía Baudracco put it, would pass through this life as ghosts.

Pioneers: They ran, so that we could walk. Without intending to establish heroes or make scholarly reconstructions, telling a story like this allows us to trace the quiet path of the trans and transvestite agenda in our country, which today places us before the challenge of labor inclusion. In Argentina, prior to the passage of the Gender Identity Law, trans and transvestite communities faced exclusion, persecution, and criminalization through laws passed during dictatorships, police edicts, and Contravention Codes that penalized their mere existence. During the 1990s, pioneers like Karina Urbina made identity visible as a human right, gaining the support of the Grandmothers of the Plaza de Mayo, who linked their struggle with the defense of minorities. The intention is to reconstruct these clues that speak to our shared history and the solidarities that made it possible for our country, and no others, to be one of the first in the region to recognize trans and transvestite people.

Regarding the legislative process, Sexual or Gender Identity bills were introduced starting in 2007, focusing primarily on the registration process. However, Lohana Berkins's contributions in this regard are undeniable, thanks to her sustained activism since the 1990s; first focused on repealing edicts that criminalized trans and transvestite people, and then on the broader struggle to guarantee social recognition and dignity for her community. Thus, starting with her organization Alitt (Association for the Fight for Transvestite and Transsexual Identity), which takes up the struggle initiated by Karina Urbina, she managed to build a National Front for the Gender Identity Law.

This proposal successfully incorporates comprehensive health as part of the law and, above all, the notion of self-perception. This is the heart of the law and what makes it a regional and international precedent, as it defines gender identity as "the internal and individual experience of gender, as each person feels it" and eliminates the requirement for an expert opinion to "confirm and corroborate" the "truth" of the identity. Based on the right to self-determination and bodily autonomy, it seeks to dismantle gender mandates surrounding body image, which have led hundreds of trans people to put their lives at risk—if not lose them.

Some survivors say that it was only on May 9, 2012, that “democracy for trans people began,” as it guaranteed the foundation upon which citizenship became possible for them. There is no economic, social, or political right or freedom without human and personal security, nor without access to healthcare, education, or housing. The workplace is no exception. This is how Deborah Singer, another trans pioneer, expressed it at the close of one of the first public interviews with trans and transvestite people: “We are, simply, human beings seeking peace, bread, and work.” This simple yet powerful phrase challenges us profoundly: the recognition of identity—we could also call it dignity—constitutes one of the institutional conditions of work. In this context, it is important to remember the words of Eugenio Talbot Wright, a renowned activist for Hijos and for trans rights in the province of Córdoba: “Trans people always work; what we never had access to is employment.”

Accompanying vital processes: beyond and within the State. At Grow – Gender and Work, we seek to generate diverse, inclusive, and violence-free work environments. We believe that, to be sustainable, transformations must occur both within the institutional framework and through the promotion of cultural changes. Therefore, we maintain that one cannot choose between living or working; this has been a recurring problem for various groups of people: Afro-descendant communities, Jewish communities, and communities with different sexual and gender orientations and identities. And, without a doubt, for the trans and transvestite community, this is a major obstacle that persists to this day: according to the First National Survey of Living Conditions of Sexual and Gender Diversity (2023), unemployment in Argentina is 12.3% for trans women; 14.3% for trans masculinities; and 10.1% for non-binary individuals; data that, in the first two cases, double the INDEC figure for the general population during the same period. (Second half of 2023).

The Buenos Aires Province Labor Quota Law, the National Law on Access to Formal Employment, the Law of Historical Reparations for Transgender and Trans Survivors of the Post-Dictatorship in Santa Fe, and countless local and individual achievements in various institutions mark the path of activism following the law's passage in 2012. What do all these victories have in common? They are limited to the state sphere, and therefore, their implementation and budget allocation depend on the goodwill of those who occupy those positions. In such a complex political context, where government officials do not hesitate to deploy an arsenal of strategies to express their hostility toward the LGBTI+ community, and the trans and transvestite community in particular, ranging from budget defunding for health care to homophobic and criminalizing remarks, we are witnessing an ever-increasing deterioration in the living conditions of trans people.

Regarding the private sector, as shown in the "Uncovering Culture" report (Deloitte, 2023), almost 70% of trans, non-binary, and non-heterosexual people hide their sexual and emotional orientation or gender identity at work. Furthermore, we are accustomed to hearing that the workplace has nothing to do with our personal lives. However, work is an axis that structures everyone's lives and around which countless decisions are made: such as motherhood when it is unaccompanied, gender identity presents itself as a barrier. This impacts not only access, which is scarce, but also performance, the sense of belonging to the organization, the work environment, and, above all, professional and personal well-being.

What can labor organizations do about this? Organizations need to build lasting commitments to labor inclusion, encompassing the entire employment cycle, from the job search to measures with greater institutional weight, such as gender transition protocols or prevention and response to workplace violence and discrimination. That is, once a person joins the workforce, the necessary cultural changes must be promoted so that they feel comfortable and welcomed, both by their leaders and their colleagues. This involves various awareness-raising and training processes, as well as administrative tools that allow for the recording of pronouns and changes to people's social names. Furthermore, a review of company policies is key, as this ensures the continuity of these measures, beyond individual goodwill.

At Grow – Gender and Work, an NGO with more than fourteen years of experience supporting organizations, we work from a focus on workplace well-being that allows us to balance personal and professional life. To achieve this, we start from the understanding that organizations are made up of people (not just processes), and therefore it is crucial to put them at the center so that no one feels excluded. We can mention many other measures, such as documents that allow for the communication of company policies, adequate uniforms and infrastructure, protocols for the prevention and eradication of workplace violence, inclusive and unbiased selection processes, and sensitized and respectful work teams. All of these not only improve the brand's image and reputation, but also the institutional foundations (cultural and democratic) that enable a good working environment, greater belonging to the organization, and a social contribution that demonstrates, as we say at Grow, that organizations are not islands removed from common problems, but rather part of the solution.

When we talk about trans and transvestite labor inclusion, we're talking about an essential measure to halt the deterioration of living conditions for a decimated population. It's clear that the meeting between trans and transvestite people and companies is a milestone that has barely taken place. At Grow - Gender and Work, we believe it's impossible to build citizenship without participating in work as a structuring axis in our lives, but we also believe that organizations and the private sector have the opportunity to contribute to building a democratic and inclusive institutional culture. Like any opportunity, this begins with a conversation. It's time to have those conversations within our organizations; it's time to begin planning those meetings.

*Grow – gender and work