Guidance Regarding Gender Identity and Inclusion in the Federal Workplace, March 31, 2023
Agencies should make their agency-specific transition policies and procedures accessible and available to all employees—for example, by posting them on prominent agency intranet sites where all employees can easily find them.
Employees receiving medical treatment as part of their transition may use sick or other leave under applicable regulations and policies, just as with medical treatment for any other reason.
Dress and Appearance Standards
Consistent with applicable law, agencies should review and, as necessary, update relevant policies so that all employees are allowed to dress and present consistent with their gender identity. Employees transitioning in the workplace decide when to start dressing and presenting consistent with their gender identity.
Equal Employment Opportunity and Anti-Discrimination Resources
EEOC is responsible for enforcing Federal nondiscrimination employment laws, including Title VII. Employees or applicants who believe they have been discriminated against on the basis of sex, including sexual orientation and gender identity, may file a complaint through their agency’s Federal sector equal employment opportunity (EEO) complaint process. Agencies are required to provide information about the EEO complaint process and how to contact the agency’s EEO office, and generally, individuals must contact the EEO office within 45 calendar days from the day the alleged discrimination occurred. EEOC’s website provides additional information regarding the Federal EEO complaint process.
In addition, employees or applicants who believe they have been discriminated against may, as appropriate and if applicable, file a grievance under an applicable collective bargaining agreement; file an appeal with the U.S. Merit Systems Protection Board (MSPB); or file a complaint with the U.S. Office of Special Counsel (OSC). For specific information on filing procedures, employees and applicants may visit http://www.mspb.gov and http://www.osc.gov.
Questions
For questions about this Guidance, contact OPM’s Office of Diversity, Equity, Inclusion and Accessibility at ODEIA@opm.gov. Managers, supervisors, and employees may also consult with their agency’s human resources, equal employment opportunity, and diversity, equity, inclusion, and accessibility offices, or their offices of general counsel, regarding individual situations.
