Freelance yoga instructor Jess Whittington practices her poses. She says many employers use “coded language and obfuscation” to discriminate against transgender people during the hiring process. (Photo courtesy of Jess Whittington)

“I don’t think you’d be a good fit for the organization.”

“The position has already been filled.”

Or, just plain silence.

This is what transgender people often hear when looking for work in D.C.

It is illegal to discriminate against people on the basis of “sexual orientation, gender identity or expression” in D.C., but it still happens all the time.

“People know they can’t come out and say, ‘We don’t want to hire people like you,'” says
Jess Whittington, a freelance yoga instructor in the D.C. area. “It’s a lot more coded language and obfuscation. They won’t come out and say it, but you’ll get the looks of loathing, disgust, fear, or a combination of that. Their tactic is ‘let’s gaslight them,’ basically.”

Statistics released last week back up the anecdotal evidence. A report released by the D.C. Office of Human Rights documents a striking discrimination rate against transgender people during the hiring process. Using resume testing, OHR found that 48 percent of D.C. employers prefer a less-qualified applicant they perceive as cisgender to a more-qualified candidate they perceive as transgender. The rates are much higher in some industries, like 67 percent in the restaurant industry.

“I’ve had more than one case where an employer is excited about the depth and breadth of my experience and were going to offer me a position, but then they get to the parts of my resume where they realize I’m transgender,” Whittington says. That could be a discrepancy in her social security number or a credential earned under her previous legal name. “You learn to try and let it roll off your back because what else can you do?”

OHR has begun director’s inquiries into five of the employers tested for the report, and says that testing may be ongoing as a way to deter further discrimination.

“The report is now in the hands of human resources and management staff,” says Ruby Corado, executive director of LGBT grassroots organization Casa Ruby and a transgender woman originally from El Salvador. “Their job is to limit their liability and this shows employers they still have a lot of work to do.”

To isolate for gender identity in the study, all of the resumes boasted applicants with Anglo-American names, college educations, no employment gaps and permanent addresses in Petworth.

“We’re talking about the most privileged people in the transgender community and they still face a 48 percent discrimination rate,” Elliot Imse, director of policy and communications at OHR, told DCist.

Many members of the D.C. trans community face interlocking forms of discrimination—gender identity, race, age, employment history and more combine to make it harder to get work.

“I’m telling you, the real rate is much worse,” says Corado. “We have a very small number of people who are able to secure employment.”

Whittington, who is white, agrees. “My African-American transgender friends have stories that are eight to ten times worse than mine.”

The report also focuses solely on the first stage of employment—the resume. Coronado says that the hiring process gets more discriminatory during interviews.

“In the most common cases, people go through the process and get an interview after sending in their resumes. Then nine out of ten times they’re told the position is filled even though they were called in for an interview,” says Corado.

Corado’s organization, Casa Ruby, works with clients to help them gain employment and access services like healthcare. “We have built relationships with employers. Often they want to hire people who are passable,” she says, meaning people who don’t outwardly appear to be transgender. “That’s illegal and we get upset but what can you do? It’s a job for someone.”

“We have people come to us who haven’t been able to find a job in years,” she says. “We’ve been able to put some people to work, especially in positions like cleaning, where they don’t have to be seen.”

But Corado says that businesses who hide transgender workers are miscalculating. “I’m right now in a Panera Bread, where a transgender woman of color has worked for two and a half years. Panera didn’t go out of business and LGBT customers feel comfortable here so they go here. Cosi, Panera, and Walmart are all still thriving businesses and they hire transgender workers. In a city like D.C., these businesses are seen as progressive.”

Employment has always been a linchpin for success. “”Employment discrimination can cause high rates of unemployment or underemployment, which can lead to homelessness and prevent individuals from accessing necessary healthcare,” the OHR report says. “This discrimination can also force individuals into criminalized activities or criminalized economies for survival, which often leads to incarceration and criminal records that compound the challenges they face in finding employment.”

Whittington notes that transgender employment also has other “positive ripple effects,” like visibility. “So many students tell me that I’m the first transgender person they ever met. Every trans person out there working and doing their thing is making a huge impact.”

She notes that the transgender community is in a precarious position in national discourse. Last week voters repealed the Houston Equal Rights Ordinance, which would have extended protection to gender identity and sexual orientation, in addition to 13 classes already protected under federal law. Opponents falsely said HERO would let men in women’s bathrooms and won by a large margin.

Gender identity is not a protected class in 32 states.

“Transgender will keep being a political football because the LGB part of the equation has higher footing,” Whittington says. “We’ve got a target on our backs because people are trying to conflate transgender people with sexual predators.”

Whittington says that the District looks better in terms of transgender rights when compared with the rest of the country. “Even though there is discrimination and it’s obvious what’s going on, it’s still one of the better markets.”

She notes the silver linings she has experienced. “I worked at two elementary schools doing after-school yoga and the owner was gung-ho about my employment. The parents were generally supportive and the teachers were great. It was such a non-issue. In a perfect world, that’s how it would be.”

Far too often, though, she sees transitioning framed as a choice. “Would anyone with any intelligence choose to be part of a group that faces such discrimination?” Whittington asks. “Why would I choose to leave good, solid employment to go for less security and be targeted for basically walking down the street?”

Corado calls employment “the number one issue other than violence.”

Have you been discriminated against on the basis of your gender identity? Email tips@dcist.com to share your story.

You can read the full OHR report here: