FTM and changing your name at work (in Australia)...
So, I came out to my HR department (population 1) at work. She believed she was doing the right thing for both myself and the company, and informed my c-level executives of my gender without consulting me or giving me a heads up. I discovered this when my boss (the CTO) asked me a leading question and my intuition kicked in.
I don't believe that she was trying to be nasty, I believe that she thought she was doing the right thing by all involved. I have since told her where I stand on being 'outed', and that I expect to be involved in communication to staff.
I also asked for my name to be changed, at the very least, on active directory / ldap (think usernames and email addresses), and on all non-legal documents / communications moving forward. I advised that she is within her rights to also update my employment records etc, with the exception of my bank account details (so I still get paid). Apparently they are concerned that this will impact the relationship they have with a government department and are currently against doing this without a legal name change.
I have an appointment with her today to discuss this, and also the communication strategy for my transition. Some people in the office know, however, I'm eager to avoid an all staff communication until I am presenting as male at work. In other words, until I have a proper binder and am able to wear it for appox. 8 hours per day.
Back to the name change... I called the Anti-Discrimination call centre, who advised they are an 'independent government body' which exists to provide advice (but not legal action) on legislation as it pertains to discrimination in the workplace. They confirmed my interpretation of the legislation which is that by common law, anybody can start using a new name. It is my understanding that this does not apply to interactions with / records held by government departments (tax office etc) and financial institutions. However, as far as my employment is concerned, reluctance to accept my new name under common law, even without a replacement birth certificate or change of name certificate, is discrimination. Why? Because it is essentially refusal to accept my gender, and means they are encouraging staff to associate me with a female name and therefore gender against my wishes.
These name change laws don't only apply to non-binary or trans.* individuals, but it is because of this that the anti-discrimination laws are also relevant.
I will very subtly, politely, advise my employers that I sought confirmation of the correct interpretation of legislation pertaining to name changes and the rights of non-binary or trans.* people and know that is it legally above board.
I just wanted to post this incase other people find themselves in a similar boat. Why does it matter? Legal name changes for my (NSW) Births Deaths and Marriages registry take time to process and I'm starting testosterone in a few days. It takes a month to secure an interview with the registry, and another month for them to feel confident this is not an act of fraud before they are allowed to give me a certificate. Also, I'm aware that some people cannot afford to go through the name change process. Know this: you still have the right to adopt a name which meshes with your gender identity - at least in most circumstances. If you're not sure, seek advice from someone who practises law, or from the National Anti-Discrimination peeps.
You can find their main (and very unattractive) website here: http://www.antidiscrimination.gov.au
I'll post an update with the result of my meeting this afternoon. Being 'different' is something of a constant struggle =P













