Federal Employment Policy
Please see additional information under discrimination.
Numerous studies have shown that transgender people face disproportionate amounts of discrimination in all areas of life, especially in employment and health care. As the American economy worsens, the discrimination faced by transgender people is becoming even more acute. Often forced into already unstable jobs and careers, and often facing compounding bias because of race or age, the economic well-being of transgender people is being challenged today like never before.
FEDERAL EMPLOYMENT
Many transgender people serve our country by working for the federal government, and many more are interested in working for one of our nation’s largest employers. However, current federal government policies hinder transgender people from pursuing federal government jobs. A transgender person can be passed over for hire or can be fired solely based on the fact that he or she is transgender. Additionally, there are insurmountable hurdles for many transgender people who seek to update their employment records, change their identification and employee badges, or get coverage for medically necessary health care. Implementing the policies noted here will ensure that transgender people can work for the federal government without fear of job loss or harassment.
- Government-Wide Job Protection. The President should issue an Executive Order to clarify that discrimination against federal civilian employees on the basis of gender identity or expression is prohibited, similar to Executive Order 11478, which prohibits discrimination on the basis of sexual orientation.
- Agency Job Protection. Each federal agency should issue a policy directive stating that it will ensure that federal employees will not be discriminated against on the basis of gender identity or expression.
- Office of Special Counsel. The Office of Special Counsel should investigate complaints and enforce laws and policies protecting individuals from discrimination on the basis of sexual orientation and gender identity or expression.
- ID Cards and Badges. Each federal agency should clarify its employment policies to allow transgender people to change name and gender on identification cards and badges without requiring surgery or undue hurdles.
- Employment Records. The Office of Personnel Management (OPM) should develop a policy allowing federal employees to update employment records to reflect a name and gender change. This policy should not include a surgery requirement for gender changes.
- Eliminating No-Matches. The Office of Personnel Management should clarify its policy to ensure that gender inconsistencies between Social Security records and employment applications or personnel records during background checks do not disqualify individuals from federal employment. Additionally, the policy should provide that any gender discrepancy found in the Electronic Verification of Vital Events (EVVE) system must be kept confidential.
- Fair Health Benefits. The Office of Personnel Management should ensure that Federal Employees Health and Benefits Plans (FEHBP) provide coverage for medically necessary transition-related care for federal employees and their partners and dependents.
- Security Clearances. The FBI and other agencies responsible for security clearances and other background checks should issue directives confirming the policy that security clearances will not be denied or revoked as a result of transgender status. Additionally, these agencies must treat transgender status with appropriate confidentiality.
GOVERNMENT CONTRACTORS
The federal government provides billions of dollars in taxpayer money to outside contractors each year. Those contractors and subcontractors should be expected to uphold the same human rights standards as the federal government itself. Transgender people who work for government contractors or who bid on government contracts should expect to be treated fairly and should be judged on their merits. Carrying out these recommendations will provide transgender people who are government contractors or who work for those contractors with the security of knowing that they will be judged based solely on the work that they do.
- Non-Discrimination by Contractors. The President should issue an Executive Order that prohibits federal contractors and subcontractors from discriminating on the basis of sexual orientation and gender identity or expression.
- Federal Contract Compliance. The Office of Federal Contract Compliance should include transgender people under the definition of “minority.”