250 E Street SW

Washington, D.C. 20525

202-606-5000 / 800-942-2677

202-606-5000 / 800-942-2677

TO: Staff and Members of AmeriCorps – NCCC, FEMA Corps, AmeriCorps – Disaster 

Response Teams, and Disaster Cadre

RE: State Laws Impacting Transgender and Nonbinary Members and Staff on Service 

Deployments

DATE: 8/14/2023

In the past year, states have passed legislation which restricts access for transgender and 

nonbinary individuals to use restrooms consistent with their gender identity. Some state laws 

and pending legislation also impact the ability of transgender persons to access genderaffirming healthcare. AmeriCorps celebrates and values the services of all its members and 

staff, and as such, the agency has developed the following Guidance Memo as a resource for 

AmeriCorps NCCC members, AmeriCorps-Disaster Response Teams (A-DRTs), and Disaster 

Cadre staff to understand how such laws may impact them.

There are several circumstances in which AmeriCorps would operate in states where 

bathroom access or gender-affirming healthcare access is in effect:

AmeriCorps Disaster-Response Teams (A-DRTs) are composed of AmeriCorps State and 

National programs, as well as AmeriCorps National Civilian Community Corps teams, which

are trained and deployable to disaster-affected states in the event of a federally declared 

disaster. In some cases, A-DRTs may be deployed to states affected by disaster where laws of 

this nature are operative.

AmeriCorps – National Civilian Community Corps (NCCC) deploys teams of AmeriCorps 

members who serve on projects that meet state and community needs during their service 

term. NCCC members may be deployed to a state where laws of this nature are operative for 

either a state/community-identified project, or for the purpose of disaster response, as an ADRT. NCCC also includes FEMA Corps, a sub-program where NCCC members deploy under 

FEMA’s direction for operational and logistical assistance during federally-declared disasters.

AmeriCorps staff deploying as members of the Disaster Cadre are staff members trained 

by the NCCC-Disaster Services Unit (DSU) who are activated and deployed, with supervisory 

consent, to assist on federally-declared disaster responses.

Bathroom Access for Transgender and Nonbinary Staff and Members of 

AmeriCorps When on Deployment

In states where laws restrict access of transgender or nonbinary persons to bathrooms 

inconsistent with their gender identity, there are several options available to members or staff 

who are affected by these laws.

AmeriCorps - NCCC members (including FEMA Corps) who are scheduled to deploy to a 

state where laws of this nature are operative may elect to exercise one of the following 

courses of action:

• The member may request alternative options in order to enable them to deploy to the 

state. This may take the form, for example, of portable bathroom facilities being 

rented for the deployment, sufficient unisex bathroom facilities being identified, or 
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250 E Street SW

Washington, D.C. 20525

202-606-5000 / 800-942-2677

202-606-5000 / 800-942-2677

other measures. Please note that it may not be possible to provide alternative options

in every instance, especially during disaster deployments where operational realities 

are highly fluid. In order to initiate a request for alternative options, the member 

should speak with their Unit Leader or other NCCC staff member.

• The member may request a transfer to another team not scheduled to deploy to the 

state in question. If this option is available, the member would join the new team and 

deploy elsewhere. Please note that it may not be possible to provide this option in 

every instance, and that in very large disaster environments, where many NCCC teams 

deploy as an A-DRT, there may be few teams available that are not scheduled to 

deploy to a state with laws of this nature. If pursuing this option, the member should 

first speak with their Unit Leader.

• The member may elect to deploy to the state with the full knowledge that state and 

local law limit their ability to use bathroom facilities consistent with their gender

identity. Should a member choose to deploy to a state where laws such as these are 

operative, the member is expected to adhere to all applicable local and state law. 

• In the event that no alternative option can be identified which would enable the 

member to avoid deployment to the state, that the member cannot transfer to another 

team, and the member is not comfortable being deployed to the state, the member 

will have the option to exit service early and may be considered for a prorated 

education award due to compelling personal circumstances.

Please note that the above-mentioned options are available only to NCCC and FEMA Corps 

members who are directly impacted by laws limiting access to bathrooms consistent with 

their gender identity. Members who do not identify as non-binary or transgender, per 

NCCC’s Core Expectations, are bound to “deploy to any approved location and/or project.”

AmeriCorps programs participating as A-DRTs do so voluntarily. A-DRT teams must make 

judgments consistent with their own program values, operational priorities, and strategic 

plans when it comes to the question of whether to deploy to a state where laws of this nature 

are operative. In doing so, A-DRTs must balance considerations relating to the safety and 

healthcare access of AmeriCorps members, such as those delineated above, while also 

taking into account the needs of people affected by disasters, who are beneficiaries of A-DRT 

members’ service.

Members serving with A-DRT programs deploying to states where laws of this nature are 

operative who would be directly impacted by those laws may initiate a conversation with their 

program’s leadership in order to explore their options. Options include:

• The member may request alternative options in order to enable them to deploy to the 

state. This may take the form, for example, of portable bathroom facilities being 

rented for the deployment, sufficient unisex bathroom facilities being identified, or 

other measures. Agency staff will coordinate with FEMA in consideration of the 

request; please note, however, that it may not be possible to provide an alternative 

option in every instance, especially during disaster deployments where operational 

realities are highly fluid. If pursuing this option, the member should first speak with 

their program’s leadership.
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• The member may request alternative options from their program’s leadership in order 

to enable them not to deploy to the state. Grantee programs participating as A-DRTs 

may, or may not, be able to grant the member’s request, for example, by assigning 

them to project work in a state where laws of this nature are not operative. 

• If an alternative option cannot be effected by FEMA or AmeriCorps, and if the 

member’s program is deploying to the state and cannot make alternative 

arrangements for the member, then the member will have the option to exit service 

early and may be considered for a prorated education award due to compelling 

personal circumstances.

Disaster Cadre staff who are offered deployment to states where laws of this nature are 

operative have several options available:

• The staff member may decline the deployment.

• The staff member may request alternative options in order to accept the deployment. 

This may take the form, for example, of portable bathroom facilities being rented for 

the deployment, sufficient unisex bathroom facilities being identified, or other 

measures. Staff interested in pursuing this option should first contact the Office of 

Diversity, Equity, Inclusion, and Accessibility by emailing eo@cns.gov or by calling 

202-606-3461. Agency staff will coordinate with FEMA in consideration of the request; 

please note, however, that it may not be possible to provide alternative options in 

every instance, especially during disaster deployments where operational realities are 

highly fluid.

• In the event that Cadre staff elect to deploy without alternative options in place, with 

the full knowledge that state and local law limit their ability to use bathroom facilities 

consistent with their gender identity, they are expected to comply with all federal, 

state, and local law while on their deployment.

Gender-Affirming Healthcare Access for Transgender and Nonbinary Staff and 

Members of AmeriCorps When on Deployment

AmeriCorps – NCCC Members (Including FEMA Corps) who are scheduled to deploy to a 

state where laws of this nature are operative may elect to exercise one of the following 

courses of action:

• The member may request additional support in order to enable them to deploy to the 

state. Members should contact NCCC’s Health Services Unit (HSU) in order to explore 

options for ensuring consistent access to needed medicines which may not be 

accessible locally. The NCCC Health Services Unit may be emailed at 

NCCCHealthUnit@cns.gov. Please note that it may not be possible to provide 

alternative options in every instance, especially during disaster deployments where 

operational realities are highly fluid. Should a member choose to deploy to a state 

where laws such as these are operative, the member is expected to adhere to all 

applicable local and state law.
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• The member may request a transfer to another team not scheduled to deploy to the 

state in question. If this option is available, the member would join the new team and 

deploy elsewhere. Please note that it may not be possible to provide this option in 

every instance, and that in very large disaster environments, where many NCCC teams 

deploy as an A-DRT, there may be few teams available that are not scheduled to 

deploy to a state with laws of this nature. If pursuing this option, the member should 

first speak with their Unit Leader.

• In the event that no alternative option can be identified which would enable the 

member to avoid deployment to the state, that the member cannot transfer to another 

team, and the member is unable to make sufficient provision for the access of genderaffirming care even with additional support from the NCCC Health Services Unit 

(HSU), the member will have the option to exit service early and may be considered 

for a prorated education award due to compelling personal circumstances. 

Please note that the above-mentioned options are available only to NCCC and FEMA Corps 

members who are directly impacted by laws limiting access to bathrooms consistent with 

their gender identity or access to gender-affirming care. Members who do not identify as 

non-binary or transgender, per NCCC’s Core Expectations, are bound to “deploy to any 

approved location and/or project.”

Members serving with A-DRT programs, if deploying to a state where access to genderaffirming care is limited, may also elect to exercise one of the following courses of action:

• The member may request alternative options from their program’s leadership in order 

to enable them not to deploy to the state. Grantee programs participating as A-DRTs 

may, or may not, be able to grant the member’s request, for example, by assigning 

them to project work in a state where laws of this nature are not operative. 

• The member may elect to deploy to the state with the full knowledge that state and 

local law limit their ability to access gender-affirming care. Should a member choose 

to deploy to a state where laws such as these are operative, the member is expected 

to adhere to all applicable local and state law. Members are encouraged in this 

instance to speak first with their healthcare provider in order to explore options for 

ensuring consistent access to needed medicines which may not be accessible locally.

• If an alternative option cannot be effected by FEMA or AmeriCorps, and if the 

member’s program is deploying to the state and the member cannot make sufficient 

provision for access to gender-affirming care, then the member will have the option to 

exit service early and may be considered for a prorated education award due to 

compelling personal circumstances. 

Disaster Cadre staff who are offered deployment to states where laws of this nature are 

operative should consult with their medical provider in order to determine whether genderaffirming care can be accessed consistently throughout the duration of the assignment. Staff 

may also contact the Office of Diversity, Equity, Inclusion, and Accessibility by emailing 

eo@cns.gov or by calling 202-606-3461 in order to learn about other means of support 

available. In the event that staff are not able to make sufficient provision for access to genderaffirming care, they may decline the deployment.
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250 E Street SW

Washington, D.C. 20525

202-606-5000 / 800-942-2677

202-606-5000 / 800-942-2677

AmeriCorps will continue to monitor state laws (and pending legislation) that may impact 

agency personnel and corps members’ ability to access gender-affirming care, and/or access 

restrooms consistent with their gender identity, while conducting agency business or service. 

This memo will be updated as the legal landscape changes and in order to include the most 

up-to-date information on how members impacted by laws of this nature may be supported 

during their service.

Yours sincerely,

Ken Goodson Sonali Nijhawan

Director, AmeriCorps - NCCC Director, AmeriCorps State and National