Diversity, Equity, 

Inclusion, and Accessibility 

Issuance System 

DEIA – 002 

Date: 10/20/2022 

 Office: Office of Diversity, Equity, Inclusion, and Accessibility1

 Subject: Equal Treatment Based on Gender Identity2

1. PURPOSE. It is the policy of the Department of the Treasury (Department or Treasury) to 

treat all its employees with dignity and respect and to provide a workplace free from 

harassment and discrimination. The purpose of this guidance is to provide written 

instructions in response to questions which may arise when an employee is gender nonconforming or undergoes life/gender transitions while employed at Treasury. 

Although each individual situation will have different considerations, the administrative 

processes will be similar. The guidance below is intended to provide instructions and 

timeframes for considerations which may arise. 

This guidance, although intended to set expectations for Treasury offices and bureaus, is not 

intended to, and does not, create any right or benefit, substantive or procedural, enforceable 

at law or in equity by any party against the Department, its components, its officers, 

employees, or agents, beyond those already existing under statute and EEOC regulation. In 

addition, this order is not intended to replace or impede any applicable discrimination 

complaint processes and does not alter the filing deadlines for invoking those processes. 

Treasury nondiscrimination policy covers discrimination based on sexual orientation and 

gender identity, as discrimination on the basis of sex. Employees who believe their rights 

1

 This issuance is also updated to reflect the current organizational structure (formerly Civil Rights and Diversity 

Issuance Program, CRD-002). 2 Equal opportunity and nondiscrimination policies cover the basis of sex, which includes discrimination based on 

sexual orientation and gender identity. This Directive does not represent a change in existing policy; rather, it details 

Agency responsibility as it relates to the inclusion of gender identity in existing sex discrimination policy.
2

have been violated may file a complaint using the equal employment opportunity process. 

2. SCOPE. The provisions of this Issuance apply to all bureaus, offices, and organizations in 

the Department, including the Offices of Inspectors General within the Department. The 

Issuance applies to all Treasury employees, including consultants, detailees, temporary 

employees, and interns (hereafter called employees), and contractor employees performing 

work for the Department of the Treasury, its offices, and bureaus, whenever the employee is 

working in a government-designated office, traveling, or working from home on behalf of the 

Department. 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 gender identity is a legally 

protected status, and the Department of the Treasury will not impede, restrict, or delay an 

employee’s alignment/expression of their individual gender identity. 

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

this Issuance. 

a. Cisgender (“Cis”) is the term for an individual whose gender identity matches the gender 

they were assigned at birth. 

b. Gender Identity is an individual's internal sense of their gender. The way individuals 

express their gender identity is frequently called “gender expression,” and may or may 

not conform to culturally constructed stereotypes associated with a particular gender. In 

addition, gender identity can be fluid throughout an individual’s life and expand notions 

of gender identity or gender expression beyond expected societal gender norms. 

c. Non-binary is a term used to describe individuals whose gender identity are outside the 

binary gender identities of either “man” or “woman.” There are additional terms used to 

describe the experience of a gender that is not male or female, including gender nonconforming, agender, and genderfluid, among others, with non-binary being the most 

common. 

d. Sex is a set of biological attributes/characteristics including chromosomes, gene 

expression, hormone levels and function, and reproductive/sexual anatomy. 

1) Intersex is a general term used for a variety of scenarios in which a person is born 

with biological attributes that do not fit into the binary options of completely “male” 

or “female.” 

e. Sexual Orientation is an individual’s emotional, romantic, and/or sexual attraction to 

others based on the gender of the other person; generally referred to with terms, including 

but not limited to gay, lesbian, bisexual, or straight. 

f. Transgender is a term used to describe individuals with a gender identity that is different 

from the gender identity assigned to them at birth. For example, someone who was 

assigned the male gender at birth but who identifies as a woman is a transgender woman. 

Likewise, a person assigned the female gender at birth but who identifies as a man is a 

transgender man. Many individuals who appear to fit this definition identify simply as a 

man or a woman rather than as a “transgender man” or “transgender woman” because the 

distinction could imply that those are subsets of those gender identities. Non-binary 

people may or may not consider themselves transgender, although it is common to 
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include non-binary gender identities under the transgender umbrella. This policy applies 

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

g. Transition is a term used to refer to the process some individuals go through as they 

undergo life changes which may include transitioning from living and working as one 

gender to the gender consistent with their gender identity. Every individual’s transition is 

different and may or may not include name change, appearance change, pronoun change, 

and/or medical procedures. Transitions and life changes are not linear and may include 

any combination of physical, social, and medical processes. All transitioning individuals 

are entitled to the same consideration and privacy as they transition in ways appropriate 

to their individual needs and should be treated with dignity and respect, as is expected 

when interacting with all employees.

5. RESPONSIBILITIES. 

a. The Office of the Deputy Assistant Secretary for Human Resources and Chief Human 

Capital Officer (DASHR CHCO) shall:

1) Within 180 days of the issuance of this guidance, create a complete list of Human 

Resources’ records, documents, forms, and offices where an employee’s primary 

name, legal name, and/or gender marker may be prospectively changed during or 

following a gender-affirmation process.

3 Specifically, the file should contain a 

concise list of the steps necessary and documents required to change an employee’s 

name and/or gender marker within Treasury (e.g., email addresses, auto-complete 

contact lists and listservs, organization documents, personnel documents, financial 

documents, all communications sent to the employee from Treasury, and 

communications referencing the employee).4 

 

b. Heads of Bureaus shall: 

1) Ensure that all employees receive a copy of this policy and any pertinent bureau 

policy which describes the Department’s policy on equal treatment based on sex, 

sexual orientation, and gender identity. 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) Provide applicable training, if necessary, to individuals involved with the process of 

assisting employees as they transition in the workforce. 

3) Within 60 days of the issuance of this guidance, select a senior member of the 

bureau’s Human Resources Department to serve as the Point of Contact (POC) for 

transitioning employees within the bureau. The POC will serve as a resource, outside 

of the employee’s chain of command, to aid with any obstacles that arise during the 

transitioning process. 

3

 “Gender Affirming” care, as defined by the Department of Health and Human Services, is a supportive form of 

healthcare that consists of an array of services including medical, surgical, mental health, or non-medical services 

for transgender and non-binary individuals. 4 When possible, the employee’s requested name and pronouns should be used in all documents/communications 

irrespective of the possible state or federal legal limitations in other areas. (E.g., If an employee resides in a state 

that does not provide the option to change sex designation on a birth certificate, all documents and communications 

that do not require a birth certificate for verification must reflect the employee’s requests.).
4

4) Within 180 days of the issuance of this guidance, create a list of bureau-specific 

records, documents, forms, and offices where an employee’s primary name, legal 

name, and gender marker may be prospectively changed during or following a 

gender-affirmation process to augment the list created by DASHR CHCO in Section 

V(A)(a). Specifically, the file should contain a concise list of the steps necessary, and 

documents required to change an employee’s name and/or gender marker within the 

bureau (e.g., email addresses, auto-complete contact lists and listservs, organization 

documents, personnel documents, financial documents, all communications sent to 

the employee from the bureau, and communications referencing the employee). 

5) Ensure that 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 personal or healthrelated events. The amount of public information released about the employee’s 

transition is up to the individual employee, as concerns about safety may factor 

into the level or privacy requested by the employee. Moreover, medical 

information received about individual employees is protected under the Privacy 

Act (5 U.S.C. 552a) and other laws. 

b) Proper Use of Names and Pronouns. Proper use of an employee’s stated name and 

pronouns is required. After a reasonable adjustment period (i.e., 30 days), 

consistent misuse of pronouns (misgendering) or use of an incorrect or previously 

held name (deadnaming5) may add credence to a finding of discriminatory 

harassment on the basis of sex. No legal name change is required for the 

employee to request to be addressed by a new name. 

c) Necessary Recordkeeping Changes. To the extent consistent with the employee’s 

request, applicable laws, the Privacy Act, 5 U.S.C. 552a(d), and OPM’s Guide to 

Personnel Recordkeeping, the records in the employee's Official Personnel Folder 

(OPF) and other employee records (pay accounts, training records, benefits 

documents, and so on) should be changed to show the employee's accurate name 

and sex/gender. 

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 available 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. See GSA Bulletin 2016-B1. 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 should be used. 

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 gender. Under no circumstances may the Department require use of 

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

5 “Deadnaming” occurs when an individual, intentionally, or not, uses someone’s – birthname, given name, former 

name, old name - without their permission in any context.
5

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

employee’s gender identity. 

(1) If a facility already includes a single user restroom, it is advisable to place a 

sign that says “unisex” on the door. This action can easily and preemptively 

address multiple situations that can arise during an employee’s transition 

process. However, the employee must not be required to use the single user 

restroom. 

c. Bureau Point of Contact (POC) shall:

1) Training. Take annual comprehensive training related to transgender and/or gender 

non-conforming employees and changes they may undergo in the workforce. 

2) Transition Information. Maintain and, when necessary, update a folder containing all 

steps, points of contacts, and forms necessary to complete a workplace transition 

within your bureau. 

3) Provide Guidance to Employees. When an employee requests to transition in the 

workforce, provide the steps and information necessary to the employee and their 

supervisor on the administrative process. When needed, seek guidance from internal 

and external stakeholders with expertise on the topic. 

d. Managers shall:

1) Ensure that a transitioning employee’s private information is kept confidential, and 

information is only given with the consent of the transitioning employee. 

2) Wait for the employee’s explicit request/consent before taking any action related to 

their transition.

3) Ensure that transitioning employees are treated with dignity and respect; this includes 

an expectation that discussions by supervisors or co-workers regarding a transitioning 

employee’s medical procedures, body, and sexuality are addressed as being personal 

information and inappropriate to discuss, unless the topic is raised by the employee. 

Unsolicited discussion on these topics should be addressed in the same manner as any 

other unprofessional conduct/comments in the workplace.

4) When applicable, advise employees not to spread information concerning the 

employee who is in transition or going through life changes: gossip and rumorspreading in the workplace about gender identity are inappropriate and can contribute 

to or lead to a hostile work environment. 

5) Name and Pronoun. Ensure that employees use the correct name and pronoun for 

their colleague. Intentional or continuing misgendering or use of incorrect name 

cannot be tolerated and must be immediately addressed to avoid creating a hostile 

work environment for the transitioning employee. Manager intervention in these 

scenarios should be the same as required for all incidents of inappropriate conduct or 

harassment. 

6) Record Keeping. Ensure that appropriate steps are initiated in a timely manner to 

make relevant adjustments, as lawfully permitted, to the employee’s personnel record 

and contact information. The manager should use the process information collected 

by the bureau pursuant to this guidance. 

7) Sick and Medical Leave. Allow employees undergoing affirming medical care to use 

leave under applicable regulations. Employees who are qualified under the Family 
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Medical Leave Act also may be entitled to take medical leave for transition related 

needs of themselves and their immediate family members. 

8) Workplace Assignments and duties. If the workplace includes specific assignments or 

duties appropriately differentiated by gender, once the employee has made their 

gender known, the agency should treat that employee as the specified gender for 

purposes of all job assignments and duties. 

9) Notification to Others. Collaborate with the transitioning employee regarding how 

they would like to notify their team members about changes related to their gender 

transition (i.e., pronoun change, name change). If requested by the employee, 

managers should participate in these notifications. 

10) Timeliness. Take actions in a reasonable and timely manner. Unreasonable delay 

may be considered intentional, without sufficient justification. 

e. Employees shall:

1) When necessary and at the time of the employee’s choosing, notify the designated 

Human Resources POC, a member of their chain of command, or other responsible 

official if they need assistance with work-life changes, due to gender identity 

transition. There is no required timeline for the employee; however, if a timeline for 

management action is mutually agreed upon, unexpected changes to the transition 

plan or timeline should be communicated to the employee or responsible official as 

quickly as possible. 

2) If a specific need for change arises (e.g., name change, email address change, etc.), 

make the specific request and provide explicit consent for each action you would like 

management to take. 

3) If administrative changes are requested by the employee, work with their supervisor 

and/or others involved in the process to provide relevant information for the requested 

change. 

6. AUTHORITIES. 

a. Title VII of Civil Rights Act of 1964, as amended, (Title VII) makes it illegal to 

discriminate against a person on the basis of race, color, religion, national origin, or sex, 

which includes sexual orientation and gender identity. 

b. Executive Order (EO) 11478, “Equal Employment Opportunity in the Federal 

Government,” as amended by EO 12106, “Equal Employment Opportunity (EEO)

Enforcement,” and EO 13087, “Further Amendment to EO 11478, EEO in the Federal 

Government,” prohibits discrimination and ensures equal opportunity for all persons, 

without regard to race, color, religion, sex, national origin, age, disability or sexual 

orientation. 

c. EO 13988, “Preventing and Combating Discrimination on the Basis of Gender Identity or 

Sexual Orientation,” orders each agency to take steps to prevent and combat 

discrimination on the basis of gender identity or sexual orientation, including ensuring 

the language in policies and guidance are compliant with the stated goals in the executive 

order.

d. EO 14035, “Diversity, Equity, Inclusion and Accessibility in the Federal Workforce” 

addresses advancing equity for LGBTQ+ employees by improving equitable access to 

employee services and health/medical benefits, update employee identification standards, 
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expand availability of non-binary facilities and mitigate barriers of security clearance. 

7. REFERENCES. 

a. Department of the Treasury Diversity, Equity, Inclusion, and Accessibility Strategic Plan 

FY 2022-2026. 

b. Government-wide Strategic Plan to Advance Diversity, Equity, Inclusion, and 

Accessibility in the Federal Workforce, November 23, 2021. 

c. EO 14035, “Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce,” 

June 25, 2021. 

d. EO 13988, “Preventing and Combating Discrimination on the Basis of Gender Identity or 

Sexual Orientation,” January 25, 2021. 

e. Federal Management Regulation Bulletin 2016-Bl, Nondiscrimination Clarification in the 

Federal Workplace, General Services Administration dated August 18, 2016. 

f. 5 U.S.C. 552a(d)- Records maintained on individuals. 

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

Workplace, Office of Personnel Management, dated May 27, 2011. 

8. OFFICE OF PRIMARY INTEREST. Office of Diversity, Equity, Inclusion, and 

Accessibility.

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

changes in pertinent statutes and EEOC regulations. The applicable provision or provisions 

shall be amended or superseded effective on the dates specified in any statutory or regulatory 

change, and DEIA shall issue interim guidance addressing the change as soon as practicable. 

This Issuance will be reviewed after five years.

/S/

Tonya Burton 

Acting Chief Diversity, Equity, Inclusion, 

and Accessibility Officer