ML22284A101
| ML22284A101 | |
| Person / Time | |
|---|---|
| Issue date: | 10/11/2022 |
| From: | NRC/SBCR |
| To: | |
| Meredith Neubauer - 301-415-0587 | |
| Shared Package | |
| ML22284A098 | List: |
| References | |
| Download: ML22284A101 (5) | |
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October 11, 2022 GUIDANCE FOR TRANSGENDER AND GENDER EXPANSIVE INDIVIDUALS PURPOSE This guidance establishes assistance and advice to U.S. Nuclear Regulatory Commissions (NRC) employees who are transgender and gender expansive (TGE) individuals. This guidance is intended to guide TGE employees through their workplace transition. There is no one-size-fits-all plan for transitioning in the workplace. This guidance may help TGE employees in planning a workplace transition that fits their unique situation.
NOTE: Transitioning is a very personal choice and only a TGE individual can make the determination if coming out is a safe course of action for them. This guidance was primarily written by employees who are largely out at work.
RESOURCES FOR THE TRANSGENDER AND GENDER EXPANSIVE EMPLOYEE
- Equal Employment Opportunity (EEO) Policy Statement
- Diversity and Inclusion Policy Statement
- Alternative Dispute Resolution Program for EEO Complaints and Related Issues
- Employee Assistance Program
- NRC Anti-Harassment Program
- NRC Pride Alliance Advisory Committee (NPAAC) SharePoint site (includes a list of external resources)
SANITARY AND RELATED FACILITIES The U.S. Department of Labors Occupational Safety and Health Administration guidelines require the NRC to make access to adequate sanitary facilities as free as possible for all employees in order to avoid serious health consequences.1 Further, the Equal Employment Opportunity Commission (EEOC) has taken the position that employers may not deny an employee equal access to a bathroom, locker room, or shower that corresponds to the 1
U.S. Department of Labors Occupational Safety and Health Administration restrooms and sanitation requirements.
employees gender identity.2 This also means that a transgender man can use a lactation room, as needed.
WHAT HEALTH CARE COVERAGE AND BENEFITS AM I ABLE TO OBTAIN THROUGH THE FEDERAL GOVERNMENT?
See the Office of Personnel Managements website and health care plan brochures for the most up-to-date information on transgender health care to determine whether coverage is provided for such care as hormone replacement therapy; gender confirmation surgery (bottom surgery);
hysterectomy; and top surgery (mastectomy) for transgender men, gender expansive, and assigned female at birth. If a plans brochure language does not specifically exclude a benefit, it is worth checking with the plans representative to get more information. It is important to note that, if you are eligible for health insurance through someone else, some commercial health insurances may cover some of these additional procedures. For more information and to compare health-care coverage, go to https://www.opm.gov/healthcare-insurance/healthcare/plan-information/compare-plans/.
I WANT TO TRANSITION IN THE WORKPLACE, NOW WHAT?
There is no single right way to transition, and there are no set steps to take. You may want to take all or only some of the steps, and you may take them in whichever order and timeframe that makes you most comfortable. One thing to keep in mindthis is your journey and no one elses. Once you decide to transition, in whichever way is comfortable for you, there are some things to consider. Undergoing a gender transition, whether its towards a feminine or masculine gender identity or expression, often involves similar steps, such as changing your gender expression in the workplace, your pronouns (he, she, they, xie, etc.), and your name (legally or not). It may include a medical transition, such as starting hormone replacement therapy, undergoing gender affirming surgeries, or hair removal. At some point, you may decide to come out to your coworkers and update them on your name and pronouns. See the Coming out section of this document and the U.S. Nuclear Regulatory Commission Guidance for Managers and Supervisors Regarding the Inclusion of Transgender and Gender Expansive Employees (ML22138A367) for expectations for managers and supervisors, confidentiality policy, EEO complaint process and Office of the Chief Human Capital Officer Anti-Harassment process..
Resources to help social transition inside or outside of work In addition to helping an employee go through a gender transition, many representatives of the NPAAC will be happy to help. Feel free to contact any NPAAC member or send an email to NPAAC.Resource@nrc.gov. Please see the documents on the NPAAC SharePoint site, which maintains a list of books, websites, and local LGBTQIA+ resources near each region, the 2
U.S. Equal Employment Opportunity Commission Guidance on Sexual Orientation and Gender Identity Discrimination; Bostock v. Clayton County, 140 S. Ct. 1731 (June 15, 2020) 2
Technical Training Center, and NRC Headquarters. NPAAC updates its website and resources on an ongoing basis. Additionally, consider joining support groups, and taking other supportive actions. The NRC has the Employee Assistance Program (EAP), a free and confidential counseling and referral program available to all NRC employees and their dependent family members. Many also find it useful to find allies that will be on their team to help them through transitioning and coming out. Books similar to You and Your Gender Identity: A Guide to Discovery may help you explore your gender identity and aid you through your transition.
Name, pronouns, and gender marker change Currently, the Enterprise Identity Hub allows any NRC employee to add a name that will become a display name across many electronic systems and allows to choose to include pronouns with their display name. Because some systems arent connected to the Enterprise Identity Hub, it will not update everywhere you see your name. While the NRC tries to update your name everywhere, some systems are required to use your legal name and may be external platforms. A legal name change is required to update your NRC personal identity verification (PIV) card badge name, government passport, Strategic Acquisition System (STAQS), Invoice Processing Platform (IPP), HCM Cloud Time & Labor (HCM Cloud), and others. For more information on how to initiate a name change in various NRC information technology systems, please access the Employee Name Changes Nuclepedia page. If you dont want your old name (deadname) to show up on several platforms, including your NRC badge that is required to be worn at all times, then it is important to consider planning your legal name change to align with when you want to come out. If desired, you can request a nonofficial-PIV card with your name and new photo after you have submitted an application for a name change through the court system or other legal means (see the procedure on the NPAAC SharePoint site). Please note that this will only be a provisional identification card; it doesnt replace your official PIV card, which will be replaced after you have legally changed your name. Information on requesting a legal name change can be found at https://drupal.nrc.gov/ocio/catalog/25056 (modifying a local area network account).
The Lamda Legal website (link on the NPAAC SharePoint site) maintains resources for each State. Additionally, your local LGBTQIA+ center may offer legal advice for name and gender marker changes. Depending on your State, you may not be able to update your gender marker on your birth certificate. Many States allow gender marker updates to a drivers license. You are also able to update your gender marker associated with your social security number and U.S. passport. The requirements for each of these are similar but vary slightly.
Dress and Appearance A TGE individual may wear the clothes that make them feel most comfortable and authentic.
These clothes may or may not align with societal-conforming gender norms.
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Coming out Coming out at work can be stressful and scary. Thought should be taken as to how and when to come out. Some prefer to do it at the beginning of their transition, some in the middle, and others at the end. Some may just gradually change how they dress, change their name (perhaps even legally), and update their gender markers over a period of time and never explicitly come out. There are different reasons to come out at different times or in different ways. Coming out is a very personal process, and when to do it is a personal decision. Below are a few suggestions that may help you with coming out at work. Ultimately, it is up to you when you feel comfortable to come out, or whether to come out at all. If you decide to come out, you should expect that Agency employees should:
- respect and use of your chosen name and pronouns, regardless of how you decide to dress
- not be addressed by your old (often birth) name (aka, your deadname)
- respect of your choice in the use of restrooms
- not share sensitive aspects about your transition that you are not comfortable sharing (e.g., medical transition questions)
You should also expect support from your supervisor if you encounter issues at work related to your transition.
Of course, this change may be sudden for many of your colleagues, and sometimes people may slip up. When they do, most people will try to correct themselves and apologize, sometimes excessively so. When coming out to your coworkers, anticipate that many may react in different ways. It is important that you communicate to them what would be ideal for you. Perhaps a quick self-correction would be best, and if your coworkers dont realize, perhaps you may want to correct them when they say the wrong pronoun or name and interject quickly, with them quickly acknowledging it. For more information on pronouns, go to the NPAAC SharePoint site.
Your NRC coworkers, like everyone else, grew up and live in a largely gender binary world.
Some may take longer to adjust to addressing people who are in the process of a gender transition, or who are gender expansive, by their pronouns.
Build a network of allies Consider coming out to one or two people whom you trust to support you on your journey. They may offer useful suggestions but should respect whatever decisions you make.
Come out to your supervisor 4
This is your journey. If you feel comfortable, consider coming out to your supervisor in private and explain to them the logistics of when you may decide to come out, how they can support you through administrative updates, and, if a coworker asks questions about you to your supervisor, what your supervisor should and should not say. If you engage them early in the process, your supervisor should be able to support you during your transition and better help you if you run into difficulties. Your personal information should be considered confidential and should not normally be released without your consent. This includes your status as a transgender or gender expansive person. Exceptions may apply where the manager has a legal duty to disclose.
Coming out early on in transition Some may choose to come out soon after beginning transition. You may decide you want to be addressed by a new name and pronouns immediately, or you may want to delay using them.
You may want to be addressed by a different name and pronouns that match your gender right away with only a certain group of people. If you come out to your NRC branch, be clear whether you want to be out only to your branch and explain to the branch staff how to address you if theres a non-branch member in the room.
Coming out later in transition You may decide to slowly transition at work and eventually update people as needed with your pronouns and your name. This may increase the number of times needed to come out with each coworker since its on an individual or small-group basis. Alternatively, you may come out to everyone as you interact with them. The downside of this approach is that by not coming out to everyone you work with at once, a coworker who does not know your new name and pronouns may deadname and misgender you to another coworker who does know your new name and pronouns. The latter employee, thinking that they are doing the right thing, may end up outing you to the first employee by informing them of your pronouns or new name. By coming out to everyone you work or interact with, you would control the narrative, and it would curtail any potential errors.
Not coming out Since this guidance was primarily written by employees who are largely out at work, we cannot provide much advice on reasons not to come out or what ones experience at work would be like if you do not come out. Many trans and gender expansive individuals who were hired after a transition may not come out, in part because it can make certain things easier. If your workplace only knows you as your current name and pronouns, and not your deadname or assigned gender at birth, it is far less likely that they can slip up.
Coming out is a very personal journey and it is up to you, as a TGE individual, when and how to come out. Hopefully, this guidance can help you make that decision. For any questions or comments please contact NPAAC.Resource@nrc.gov.
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