The Biden administration’s top human resources office on Friday asked federal agencies to establish guidelines explaining how federal employees may cross-sex in the workplace in a manner that ensures their privacy.
The Office of Personnel Management (OPM) released updated guidance on “Federal Gender Identity and Inclusion in the Workplace,” which had not changed since the Obama administration ended in 2017. The new guidelines were published on the International Transgender Day of Visibility.
The old OPM guidance required federal agencies to treat gender transitions with “sensitivity and confidentiality” and offered other general advice on how to manage transitions. The new guidance urges agencies to go further by establishing internal policies and procedures for handling transitions and “supporting transitioning employees” that are consistent with OPM’s overall goals.
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The Bureau of Human Resources Management, led by Kiran Arjandas Ahuja, on Friday directed federal agencies to establish policies to support gender transition in the workplace. (POOL via CNP/INSTARimages/cover images)
According to the OPM, the agency’s policies should explain the “type of support a rotating employee can expect from supervisors, managers, human resources staff and agency employee support services,” including access to employee assistance programs.
Agency rules should list a federal personnel officer who can assist in the transition of employees.
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OPM also said agency rules should establish a process through which gender transitions are reflected in the workplace. “The procedure would include, with the input and approval of the changing employee, when and which colleagues to notify of a transfer; the timing of name changes and pronoun changes, where applicable and consistent with this guidance, in emails, IT systems and employee profiles; and a process for gender identity training for supervisors, managers and employees when such training would be beneficial,” said OPM.
Under OPM guidelines, federal agencies must make their gender transition policies available to all and allow alternate workers to take sick leave if they receive medical treatment during their transition, “just as they would for medical treatment for any other reason.”
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People gather in support of transgender youth during a rally at the Utah State Capitol Tuesday, January 24, 2023, in Salt Lake City. (AP Photo/Rick Bowmer)
More generally, the policy states that employees “should have control, as much as possible, over when, with whom and how much they share about their gender identity or sex characteristics.” It states that employees should be addressed by the names and pronouns they use to describe themselves and says agencies should use “correct names and pronouns” to avoid discrimination.
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“Isolated and accidental use of a false name or pronoun generally does not constitute unlawful harassment, but as the Equal Employment Opportunity Commission (EEOC) has stated, continued intentional use of a false name or pronoun (or both) certainly could create circumstances contribute to an unlawful, hostile work environment,” it said.
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