Guidance Regarding Gender Identity and Inclusion in the Federal Workplace, March 31, 2023
and inadvertent use of an incorrect name or pronoun will generally not constitute unlawful harassment, but, as the Equal Employment Opportunity Commission (EEOC) has explained, continued intentional use of an incorrect name or pronoun (or both) could, in certain circumstances, contribute to an unlawful hostile work environment.
For an employee to be referred to by the name they choose and their identified pronouns in everyday interactions, both written and oral, agencies should not require a legal change of name or gender marker, any medical certification, or any other documentation.
Agencies should allow employees the option to have the name they use reflected in all electronic and physical places where names are displayed, including email addresses, email address displays, name displays in virtual meeting platforms, email signature blocks, employee directories, employee profiles, business cards, name plates, and name tags, either from the time an employee onboards or promptly after they request an update if they are a current employee.
Agencies should take steps to streamline the process for updating names so that applicants and employees can request an update once and have the update reflected across information technology (IT) systems, to resolve or avoid the issue of inconsistency of names in different systems. Agencies should communicate with all applicants and employees about the process for updating names in IT systems, so they know how to initiate the process and what to expect regarding timing and consistency of updates in all IT systems.
Agencies should also take steps to provide the option for employees to include the pronouns they use in employee systems and profiles, including email signature blocks, employee directories and employee profiles.
Agencies should implement this guidance to the extent practicable, and where necessary should explore any changes to agency human resources or IT systems that may hinder the agency’s ability to use these best practices.
Sanitary and Related Facilities
The Department of Labor’s Occupational Safety and Health Administration standards require agencies to make access to adequate sanitary facilities available for all employees to use when they need to in order to avoid serious health consequences. As the EEOC has explained, under Title VII, agencies should allow access to common and
