Page:Guidance Regarding Gender Identity and Inclusion in the Federal Workplace.pdf/1

 U.S. Office of Personnel Management

Guidance Regarding Gender Identity and Inclusion in the Federal Workplace

Law, Policy and Purpose

It is the policy of the Federal Government to treat all its applicants and employees with dignity and respect and to provide a workplace that is free from discrimination. The U.S. Supreme Court held in Bostock v. Clayton County, 590 U.S. ____, 140 S. Ct. 1731 (2020), that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of gender identity and sexual orientation. Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation directs Federal agencies to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation. Executive Order 14035 on Diversity, Equity, Inclusion and Accessibility in the Federal Workforce states that each Federal employee should be able to openly express their sexual orientation, gender identity, and gender expression and have these identities affirmed and respected without fear of discrimination, retribution, or disadvantage, and it directs Federal agencies, to the extent permitted by law, to take actions to ensure that all Federal employees have their respective gender identities accurately reflected and identified in the workplace.

Agencies should revise and implement their policies, practices, and any associated trainings so that they afford a non-discriminatory and inclusive work environment to applicants and employees irrespective of their sex, gender identity, gender expression, or sexual orientation, consistent with current law and executive policy. Agencies also should take steps to implement or increase the availability of training programs on gender identity and inclusion in the Federal workplace for employees, managers, and leadership.

The purpose of this document is to provide guidance to agencies regarding gender identity inclusion in the Federal workplace. In providing this Guidance, the Office of Personnel Management (OPM) seeks to support agency compliance with nondiscrimination laws and executive policies and to foster a welcoming and supportive workplace for all applicants and employees across the Federal Government by providing a baseline of gender identity inclusion practices. Agencies are encouraged to create or update their agency level policies on gender identity inclusion, consistent with this Guidance.