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Transgender Day of Remembrance: A Call for safer, more affirming workplaces
The transgender community has faced such high rates of violence and discrimination that major advocacy organizations and researchers call it an epidemic.
The statistics are grim:
- The Williams Institute reports that trans people experience victimization at a rate of almost five times that of non-2SLGBTQIA+ people. The highest rates of victimization are experienced by trans women of colour.
- In Canada, trans and gender-diverse people are more than twice as likely as cisgender people to have been physically or sexually assaulted by age 15.
- Trans and gender-diverse people are also much more likely to experience harassment in public places, including at work,[1] although gender identity and expression are protected grounds under the Ontario Human Rights Code.
Why Transgender Day of Remembrance matters
This week is trans awareness week, leading up to the Transgender Day of Remembrance (TDOR) on November 20, where we honour the lives of trans people lost to violence.
TDOR was established in 1999 by activist Gwendolyn Ann Smith to honour the memory of Rita Hester, a transgender woman who was murdered in 1998. What began as a vigil for Rita has, 25 years later, evolved into a global annual observance, that not only remembers those lost to such violence, but also reinforces the ever-present need for safer, more inclusive spaces.
Inequity persists
This week, Alberta invoked the Charter’s notwithstanding clause to protect three laws affecting transgender youth and adults from legal challenge.[2] This clause allows governments to pass laws that are likely to violate fundamental rights and freedoms protected by the Charter and prevents courts from striking them down.
Two of these laws already face constitutional challenges. The first, which prohibits doctors from providing treatment such as puberty blockers and hormone therapy to those under 16, is being challenged by the Canadian Medical Association (CMA). The CMA has said that prohibiting gender-affirming care is an unprecedented interference in the doctor-patient relationship.
The second law that faces constitutional challenge requires staff to tell the parents or guardians of any students under 18 who wish to be addressed by a different name or pronoun. The law also made Alberta the first province where parents must opt students into lessons about sexual health, gender identity or sexual orientation.
The final law compels schools, colleges and other governing bodies of amateur sport to adopt policies to ensure only cisgender females play in female-only leagues and divisions.
The timing of this legislation is particularly notable. It has been introduced during trans awareness week and days ahead of the Trans Day of Remembrance.
And so, despite some progress, trans and gender-diverse people experience frequent stress, including not being able to access gender-affirming care, family rejection, and daily experiences of misgendering and discrimination. This marginalization has been recognized by Canadian tribunals and courts.
In 2019, the British Columbia Human Rights Tribunal said:[3]
And so, despite some gains, transgender people remain among the most marginalized in our society. Their lives are marked by disadvantage, prejudice, stereotyping, and vulnerability… They are stereotyped as diseased, confused, monsters and freaks…. Trans people face barriers to employment and housing, inequitable access to health care and other vital public services, and heightened risks of targeted harassment and violence. The results include social isolation, as well as higher rates of substance use, poor mental health, suicide, and poverty. [emphasis added]
The Supreme Court of Canada reiterated this sentiment in 2023: [4]
The history of transgender individuals in Canada has been marked by discrimination and disadvantage. Transgender and other gender non‑conforming individuals were largely viewed with suspicion and prejudice until the latter half of the 20th century, and have been stereotyped as diseased or confused simply because they identify as transgender. […] [D]espite some gains, courts and tribunals have recognized that transgender people remain among the most marginalized in Canadian society, and continue to live their lives facing disadvantage, prejudice, stereotyping, and vulnerability. [emphasis added]
How Employers Can Help
For employers, TDOR is an opportunity not just for remembrance, but for action: a reminder to review relevant policies and practices. One such practice is the use of proper names and pronouns. The Ontario Human Rights Commission notes that personal names and pronouns are “two fundamental ways we express gender and how others perceive our gender.”[5] Using someone’s correct name and pronouns affirms their identity and shows respect. It is not an accommodation, but “a basic obligation.”[6]
This is an important opportunity for employers to ensure that the workplace does not perpetuate the disproportionate violence and harm trans and gender-diverse people experience in their everyday lives. It means committing to tangible actions that make workplaces safe and affirming for everyone.
The first step is often education. Organizations like Egale offer free workshops on gender diversity and ways to support 2SLGBTQIA+ communities. For some practical tips on how to make your workplace more inclusive, please also see my blog post from earlier this year. Creating safer, more affirming workplaces is an essential responsibility that begins with education, respect, and action, ensuring that remembrance translates into meaningful change.
[1] Transgender Day of Remembrance and Transgender Awareness Week – A message from the 2SLGBTQI+ Defence Team Champions
[2] Alberta invokes notwithstanding clause to stop court challenges of transgender laws
[3] Oger v Whatcott (No. 7),2019 BCHRT 58.
[4] Hansman v Neufeld, 2023 SCC 14.
[5] Questions and answers about gender identity and pronouns.
[6] Nelson v Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137.
