Gender Expression:
Definition, Examples, Comparison & Related Terms

Gender expression in the workplace refers to how an individual manifests their gender through external characteristics such as clothing, hairstyle, makeup, voice, body language, choice of name, and pronouns in a professional setting. It represents the visible, outward presentation of one's gender identity, which may or may not align with traditional societal expectations associated with their sex assigned at birth.

Gender expression is distinct from gender identity (an individual's internal sense of being male, female, both, or neither) and sexual orientation (physical and emotional attraction to others). An employee's gender expression is protected under various federal, state, and local anti-discrimination laws, with the Equal Employment Opportunity Commission interpreting Title VII of the Civil Rights Act of 1964 to include protection against discrimination based on gender identity and expression as of June 2020.

Related terms: gender identity, gender nonconforming, transgender, non-binary, genderqueer

Gender expression differs from gender identity in that gender expression is the external, visible way someone presents their gender to the world, while gender identity is an internal, personal sense of one's own gender. Gender identity refers to an individual's innate sense of being male, female, both, between both, or neither, which may or may not align with the sex they were assigned at birth.

Gender expression includes outward choices such as clothing, haircut, voice, makeup, overall appearance, speech, body characteristics, choice of name, and pronouns. Someone's gender identity and gender expression are not always linked. An individual who identifies as a man may choose to dress in stereotypically female clothes, or someone who identifies as a woman may present with a traditionally masculine appearance.

It is influenced by societal norms, cultural expectations, and personal preferences, and varies from person to person. Both gender identity and gender expression have nothing to do with sexual orientation, such as being homosexual, heterosexual, or bisexual.

Gender expression discrimination occurs when an individual is treated differently or adversely in the workplace due to their gender identity or how they present their gender. There are 8 common examples of gender expression discrimination:

• Failing to hire an applicant because they are transgender or gender nonconforming
• Firing an employee because they are planning or have made a gender transition
• Denying an employee equal access to restrooms corresponding to their gender identity
• Intentionally and persistently using the wrong name and gender pronouns for an employee after they have communicated their preferred name and pronouns
• Denying a promotion or job assignment because of an employee's gender expression (such as requiring a "conservative" image and rejecting employees with androgynous or gender nonconforming appearances)
• Providing lower salary or discriminating in terms, conditions, or privileges of employment because of gender identity
• Using derogatory terms, making sexually oriented comments, or disparaging remarks about an employee's gender expression
• Holding employees to different standards or evaluating them more harshly based on gender stereotypes (such as criticizing a woman for being too "aggressive" while praising men for the same behavior)

Discrimination can also occur when an employer imposes dress codes, uniforms, or grooming rules that involve different requirements for employees based on their sex or gender, or when company policies differentiate based on gender even if certain individuals consider them harmless.

Gender expression is protected under federal, state, and local anti-discrimination laws in the United States and Canada. At the federal level, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, and as of June 2020, a Supreme Court ruling extended this protection to include gender identity and sexual orientation. This law applies to employers with 15 or more employees and makes it unlawful to discriminate in hiring, firing, pay, working conditions, or privileges of employment.

The U.S. Equal Employment Opportunity Commission interprets Title VII to provide protection against discrimination based on gender expression and considers it a form of sex discrimination. New Hampshire added "gender identity" as a protected class under its anti-discrimination law effective July 8, 2018, defining it as a person's gender-related identity, appearance, or behavior, whether or not different from that traditionally associated with their physiology or assigned sex at birth.

In California, the Fair Employment and Housing Act provides stronger protections than federal law. It applies to employers of five or more employees (not just 15 or more) and makes it illegal to discriminate based on sex, gender, gender identity, gender expression, or sexual orientation. In Canada, the Canadian Human Rights Act and Bill C-16 protect against discrimination based on gender identity and gender expression in federally regulated industries such as banking and transportation.

Many states and cities have additional laws that provide varying degrees of protection. The New York City Human Rights Law provides extensive protection, prohibiting employers from imposing dress codes, uniforms, or grooming rules that involve different requirements for employees based on their sex or gender, and applies to small businesses without the cap on damages that exists under federal law.

Employers can create a gender-inclusive workplace by implementing 6 key practices:

1. Establish inclusive policies and practices - Review and update company policies to ensure they are inclusive of diverse gender identities, including building gender-neutral restrooms, modifying dress codes to allow self-expression using gender-neutral terms like "business formal" instead of gender-specific requirements, and adjusting parental leave policies
2. Provide gender diversity training to all staff - Offer education on gender identity inclusivity to help eliminate unconscious biases, raise awareness of issues gender-diverse employees face, and promote understanding across the workforce
3. Use gender-inclusive language - Apply gender-neutral language across all workplace communications, policies, and forms, avoiding assumptions about gender and using gender-neutral pronouns until an employee makes their preferred pronouns known
4. Foster an inclusive culture company-wide - Promote a culture where diversity is celebrated with zero tolerance for discrimination or harassment, encouraging employees to share experiences and support one another through training, resource groups, or mentorships
5. Review and revise recruitment and promotion processes - Remove gendered language or criteria from job descriptions, implement blind screening of resumes, standardize interview questions, and base promotions on objective performance evaluations
6. Implement support systems and resources - Provide employee assistance programs, counseling services, mental health resources, and employee resource groups to create a sense of community for gender-diverse employees

The Occupational Health and Safety Administration encourages employers to allow employees to use restrooms based on their gender identity and recommends making available single-occupant, gender-neutral facilities or multiple-occupant, gender-neutral facilities with lockable single-occupant stalls. Employers should also update personnel policies to include gender identity-inclusive guidelines for employees to change their personnel records, workplace identification cards, and email addresses to reflect their gender identity, while maintaining confidentiality about an employee's past or present gender identity.

Using someone's preferred pronouns shows respect and makes them feel validated. Employers and employees should always call a trans or non-binary person by their preferred name and chosen pronoun. If you are unsure of someone's preference, it is acceptable to respectfully ask which pronouns they prefer or how you should refer to them by saying "what pronouns do you prefer?"

If you accidentally use the wrong pronoun, apologize briefly and move on without making a fuss, as dwelling on the mistake will likely be perceived as awkward or offensive. It is unlawful to purposefully and repeatedly use the wrong name or pronouns to address an individual, as this constitutes harassment and creates a hostile work environment.

When you are not sure of someone's gender, you can refer to them using the gender-neutral pronoun "they" until you hear or are told otherwise. Using "they" is much less harmful than taking a guess and misgendering someone by accident. Common pronouns include he/him/his, she/her/hers, they/them/theirs, ze/hir/hirs, and ze/zir/zirs, though there are more pronouns beyond these five most common ones.

Ensure that an employee who recently disclosed that they are transgender is provided an updated name tag, uniform, business cards, and is entered into internal and external systems with their preferred name and gender. Information regarding an employee's past or present gender identity should be kept confidential and disclosed only with the employee's consent and approval.

Gender-diverse and transgender individuals face significant barriers to equal employment, experiencing discrimination and bias in both overt and subtle ways. Nearly half (45.5 percent) of LGBTQ+ workers report experiences of discrimination and harassment at work, including unfair dismissal due to their gender identity.

Transgender and gender-diverse workers earn 32 percent less money on average than cisgender people. More than 50 percent of transgender employees feel uncomfortable sharing their gender identity at work, and more than 75 percent keep their gender identity hidden in external professional settings. Despite needing more support than cisgender colleagues, transgender people consistently experience harassment, mistreatment, and discrimination, with the community facing an unemployment rate three times higher than the general population according to the 2015 U.S. Transgender Survey.

Gender-diverse individuals may experience discrimination combined with other factors such as race or ethnicity. A woman of color may be harassed, paid less, evaluated more harshly, or passed over for promotion because of the combination of her gender and her race. Many transgender people have experienced gender dysphoria throughout their lifetimes and choose to hide their identity in fear of discrimination, which can result in feelings of isolation, anxiety, and serious mental health decline.

Fostering a gender-inclusive workplace has 6 key benefits for employees, businesses, and the economy:

• Increased employee health and wellbeing - Working in an accepting environment enables individuals to be their authentic selves without fear of judgment or discrimination, promoting personal growth, self-confidence, and fulfillment
• Enhanced collaboration and innovation - Gender diversity brings a broad range of perspectives and more ideas to the table, allowing for improved problem-solving, teamwork, and overall performance
• Improved employee morale and productivity - When employees feel valued and respected for who they are, their morale and productivity increases
• Attracting and retaining diverse talent - Companies that prioritize gender inclusivity gain access to a wider talent pool and are more likely to attract the most skilled workers
• Positive brand image and reputation - Companies that show commitment to gender inclusion and diversity tend to have a positive reputation, helping attract more talent and customers
• Boost to annual consumer spending - Wage equity for transgender people has the potential to boost annual consumer spending by as much as 12 million dollars a year, making a positive contribution to the global economy

Gender expression is often compared to 3 related concepts in workplace diversity discussions:

Gender Expression vs. Gender Identity

Gender identity is an individual's internal, innate sense of being male, female, both, or neither, which cannot be seen by others. Gender expression is the outward, visible way someone presents their gender through clothing, appearance, behavior, and other external characteristics. These two concepts are not always linked, someone may identify as one gender internally but express themselves differently externally based on personal preference, safety concerns, or other factors.

Gender Expression vs. Sexual Orientation

Sexual orientation describes whom a person is physically, emotionally, and sexually attracted to (heterosexual, homosexual, bisexual, etc.). Gender expression describes how a person presents their gender outwardly. These are completely separate characteristics. A bisexual employee can identify as a woman yet dress in stereotypically masculine clothing, demonstrating that sexual orientation and gender expression operate independently.

Gender Expression vs. Biological Sex

Biological sex is determined by physical anatomy and assigned at birth based on chromosomes, hormones, and reproductive organs. Gender expression is the way an individual chooses to manifest their gender through external characteristics, which may or may not align with societal expectations of their assigned sex. Unlike biological sex, which is assigned, gender expression is a personal choice that can evolve and change throughout someone's life.