Today, the US Office of Personnel Management (OPM) published new regulations that protect transgender federal workers under federal sex discrimination laws. Coming on the heels of an executive order signed by President Obama that made protections for transgender federal workers explicit across the government, the OPM rules makes clear that trans federal workers not only have legal protection but are also entitled to all the same rights and procedures as other workers complaining of sex discrimination. Specifically, the rule states throughout that federal workers are protected from bias based on “sex (including pregnancy and gender identity).”
Though specifically focused on the federal workforce, the rules are another indication of the increasingly solid legal consensus that all banning sex discrimination necessarily ban anti-trans bias. The Department of Education recently issued similar guidance under the federal Title IX law, and the Department of Health and Human Services and the Department of Labor have both announced in recent months that they intend to take a similar approach in forthcoming rules or guidance on job and health care discrimination.
NCTE and other advocates are pressing all of these agencies to provide more detailed guidance on how sex discrimination protect trans people in common situations in schools, workplaces and health care settings.
Learn more about the workplace rights of federal workers here.