Civil Rights & Diversity

Issuance System

 

CRD – 002 

Date: April 8, 2021 

 Office: Office of Civil Rights and Diversity

 

Subject: Prohibited Discrimination on the Bases of Sexual Orientation and Gender Identity 

1. PURPOSE. This Issuance clarifies that the Department’s equal opportunity and 

nondiscrimination policy covers discrimination based on sexual orientation and gender 

identity. Employees who believe their rights have been violated may file a complaint using 

the equal employment opportunity process. This clarification that discrimination based on 

sex includes discrimination based on sexual orientation and gender identity does not 

represent a change in existing policy; rather, the inclusion of sexual orientation and gender 

identity simply articulates existing policy.

2. SCOPE. This Issuance applies to all bureaus, offices, and organizations in the Department 

of the Treasury, with the exception of the Offices of Inspector General. The provisions of this 

Issuance shall not be construed to interfere with or impede the authorities or independence of 

the Offices of Inspector General.

3. POLICY. It is the policy of the Department of the Treasury that discrimination on the basis 

of sex includes discrimination based on sexual orientation and gender identity. 

4. DEFINITIONS. The following terms are defined to provide clarification for the purpose of 

this Issuance. 

 

a) Gender Identity is the individual's internal sense of their gender. The way an individual 

expresses his or her gender identity is frequently called “gender expression,” and may 

or may not conform to social stereotypes associated with a particular gender. 
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b) Gender Expression is an individual’s characteristics and behaviors such as appearance, 

dress, mannerisms, speech patterns, and social interactions that are perceived as 

masculine or feminine.

c) Sexual Orientation is a person’s emotional, romantic, and/or sexual attraction to other 

people based on the gender of the other person; generally referred to with terms such as 

gay, lesbian, bisexual, or straight. 

d) Transgender: Transgender individuals are people with a gender identity that is 

different from the sex assigned to them at birth. Someone who was assigned the male 

sex at birth but who identifies as female is a transgender woman. Likewise, a person 

assigned the female sex at birth but who identifies as male is a transgender man. Some 

individuals who would fit this definition of transgender do not identify themselves as 

such, and identify simply as men and women, consistent with their gender identity. This 

policy applies whether or not a particular individual self-identifies as transgender.

e) Transition: Some individuals will find it necessary to transition from living and 

working as one gender to the gender consistent with their gender identity. Every 

individual’s transition is different. Some individuals may seek some form of medical 

treatment while other individuals will not pursue medical treatment for varying reasons. 

Every individual’s transition is different, and they all are entitled to the same 

consideration as they undertake the transition steps deemed appropriate for them and

should all be treated with dignity and respect.

5. RESPONSIBILITIES. 

a. Heads of Bureaus shall ensure that:

1) All employees receive a copy of this policy and any pertinent bureau policy which 

describes the Department’s policy against discrimination or harassment of 

Department employees or applicants for employment or members of the public on the 

basis of their race, national origin, color, sex (including gender identity, sexual 

orientation, and pregnancy), religion, age, disability, parental status, or protected 

genetic information. Department employees, applicants for employment, and 

members of the public visiting a Department facility or participating in a Department 

event have the right, within professional expectations, to express their gender identity 

without fear of being harassed or otherwise subjected to adverse treatment.

2) Transitioning employees are treated with dignity and respect; this includes an 

expectation of:

a) Confidentiality and Privacy: An employee's transition should be treated with as 

much sensitivity and confidentiality as any other employee's significant life 

experiences. Employees in transition often want as little publicity about their 

transition as possible. They may be concerned about safety and employment 

issues if other people or employers become aware that they have transitioned. 

Moreover, medical information received about individual employees is protected 

under the Privacy Act (5 U.S.C. 552a). 
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Managers and supervisors should advise employees not to spread information 

concerning the employee who is in transition: gossip and rumor-spreading in the 

workplace about gender identity are inappropriate. Other employees may be 

given only general information about the employee's transition; personal 

information about the employee should be considered confidential and should not 

be released without the employee's prior agreement. Questions regarding the 

employee should be referred to the employee directly while noting that questions 

regarding a coworker’s medical procedures, body, and sexuality are inappropriate.

b) Proper Use of Names and Pronouns: Managers, supervisors, and coworkers 

should use the name and pronouns appropriate to the gender which the employee

identifies as. Management should ensure that the correct name and pronoun are 

used in all employee records and in communications with others regarding the 

employee. Continued intentional misuse of the employee's new name and 

pronouns, and reference to the employee as a gender to which they do not identify 

by managers, supervisors, or coworkers is contrary to treating transitioning 

employees with dignity and respect, creates an unwelcoming work environment, 

and may result in a finding of discrimination. Such misuse may also breach the 

employee's privacy.

c) Necessary Recordkeeping Changes: Consistent with the Privacy Act, the 

records in the employee's Official Personnel Folder (OPF) and other employee 

records (pay accounts, training records, benefits documents, and so on) are 

changed to show the employee's new name and gender in accordance with OPM’s 

Guide to Personnel Recordkeeping. See 5 U.S.C. 552a(d). When an employee 

notifies a supervisor, Human Resource Specialist, or other responsible official that 

he or she intends to undergo a gender transition, the employee’s supervisor and 

the Human Capital Office shall work with the employee to develop a transition 

plan for the organization, including all organizational components with which the 

employee interacts on a regular basis. See the attached Workplace Transition 

Plan Guidance which may be adapted to fit an individual or a specific location. 

d) Sanitary and Related Facilities: The Department of Labor's Occupational Safety 

and Health Administration (DOL/OSHA) guidelines require agencies to make 

access to adequate sanitary facilities as free as possible for all employees in order 

to avoid serious health consequences. Federal agencies occupying space under 

the jurisdiction, custody, or control of the General Service Administration must 

allow all individuals to use restroom facilities and related areas consistent with 

their gender identity. The Department adopts these same policies for all 

Department-occupied facilities. The self-identification of gender identity by any 

individual is sufficient to establish which restroom or other single-sex facilities 

should be used. A transgender employee, applicant for employment, or a member 

of the public is allowed access to restrooms and (on the same basis as available to 

others) locker room facilities consistent with their gender identity. There is no 

requirement to have undergone or to provide proof of any particular medical 

procedure in order to have access to facilities designated for use by a particular 
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gender. Under no circumstances may the Department require use of unisex, 

single-user restrooms or the use of facilities that are unsanitary, potentially 

unsafe, or located at an unreasonable distance, or that are inconsistent with the 

employee’s gender identity. 

3) Bureau policies regarding non-discrimination are updated to include prohibitions against 

discrimination based on sexual orientation and gender identity. 

6. AUTHORITIES. 

a. The Civil Rights Act of 1964, as amended. 

b. Federal Management Regulation Bulletin 2016-B1, Nondiscrimination Clarification in the 

Federal Workplace (August 18, 2016), General Services Administration. 

c. 5 U.S.C. 552a(d) – Records maintained on individuals. 

7. REFERENCES. 

a. Treasury Secretary’s Equal Opportunity Policy and Whistleblower Protection Rights 

Memorandum (December 22, 2015). 

b. Human Capital Issuance System Chapter 900-008, Transmittal Number 08-005, subject: 

Procedures for Addressing Allegations of Discriminatory Harassment (June 10, 2008). 

c. Guidance Regarding the Employment of Transgender Individuals in the Federal 

Workplace (May 27, 2011), Office of Personnel Management. 

8. OFFICE OF PRIMARY INTEREST. Office of the Assistant Secretary for Management 

and Office of Civil Rights and Diversity. 

9. POLICY REVIEW. The provisions of this Issuance are subject to modifications by 

changes in pertinent statutes and the U.S. Equal Employment Opportunity Commission 

(EEOC) regulations. The applicable provision or provisions shall be amended or superseded 

through interim guidance effective on the dates specified in any statutory or regulatory 

change. This Issuance will be reviewed after five years.

 ____________________________ 

 Mariam G. Harvey

Director

Office of Civil Rights and Diversity