Ask the expert: Which is the better phrase to use in cultural competency policies: gender identity or gender expression?
Credentialing Resource Center Connection, February 26, 2009
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Gender identity is a term that is used to describe whether an individual identifies as female, male, or differently. Gender expression is a term that describes how an individual expresses that identity through hair style, clothing choices, and a range of other ways. Personal expression is a very interesting aspect of employment law because it raises the question: “How much freedom do workers have to express themselves in a business setting?”
The law in this area is evolving, but it’s a good rule of thumb that any appearance rules and any conduct rules that are imposed on employees must not be based on stereotypes, such as all female doctors must wear earrings and all male doctors must not. As far as which term is better to use, it’s quite standard to use “gender identity or expression.”
Jennifer Pizer, senior counsel at Lambda Legal in Los Angeles answered this week’s question. To learn more best practices for implementing cultural competency training check out “The multifaceted medical staff: Employ cultural competency training to quell privileging discrimination claims and foster community,” in Briefings on Credentialing, March 2009. Briefings on Credentialing is archived online at www.credentialingresourcecenter.com.
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