Applies to:
This policy applies to all Department of Consumer and Business Services (DCBS) divisions and the Workers’ Compensation Board.
Purpose:
It is the policy of the department to promote an equitable, diverse, and inclusive workforce by creating a safe and productive workplace for all DCBS employees. According to State of Oregon policy, DCBS is committed to a discrimination and harassment free work environment.
This policy provides guidelines to protect individuals based on their gender, gender identity, gender expression, or sexual orientation, including – but not limited to – the needs of transgender, nonbinary, transitioning, and gender nonconforming employees.
This policy does not anticipate every situation that might occur. The needs of an individual employee must be assessed on a case-by-case basis. In all cases, the goal is to ensure an equitable, inclusive, safe, healthy, and respectful work environment for all DCBS employees.
Definitions:
Gender identity – A person’s internal sense of being male, female, or for some people, a blend of both, neither, or something different.
Gender expression – External appearance of one's gender identity, usually expressed through behavior, clothing, body characteristics, or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.
Transgender – An adjective that describes a person whose gender identity differs from the sex they were assigned or presumed to be at birth. Transgender is an umbrella term that includes transgender women, transgender men, and nonbinary people.
Cisgender – An adjective describing a person whose gender identity aligns with the sex they were assigned at birth. Non-transgender may be used as a synonym.
Gender nonconforming – Refers to people who do not follow other people’s ideas or stereotypes about how they should look, or act based on the female or male sex they were assigned at birth.
Nonbinary – An adjective describing a person who does not identify exclusively as a man or a woman. Nonbinary people may identify as being both a man and a woman, somewhere in between, or as falling completely outside these categories. While many also identify as transgender, not all nonbinary people do. Nonbinary can also be used as an umbrella term encompassing identities such as agender, bigender, genderqueer, or gender-fluid.
Transition – A series of processes that some transgender people may undergo to live more fully as their true gender. This typically includes social transition, such as changing name and pronouns; medical transition, which may include hormone therapy or gender-affirming surgeries; and legal transition, which may include changing legal name and sex on government identity documents. Transgender people may choose to undergo some, all, or none of these processes.
Sexual orientation – An inherent or immutable enduring emotional, romantic, or sexual attraction to other people. Note: An individual’s sexual orientation is independent of their gender identity.
LGBTQIA+ – An abbreviation for lesbian, gay, bisexual, transgender and queer with a “plus” sign to recognize the limitless sexual orientations and gender identities used by members of our community.
Policy:
DCBS protects all employees' rights to openly share and express their gender identity. An employee is entitled to determine when, with whom, and how much information to share regarding their gender identity.
No employee will disclose an employee’s gender identity without an employee’s express consent.
Official records
DCBS Employee Services will assist any employee in changing an employee’s official record to reflect a change in name or gender. Certain types of records, such as payroll and retirement accounts, may require a legal name change before a person’s name can be changed in those systems. Many records, however, can be changed to reflect a person’s preferred name without proof of a legal name change. DCBS will make every effort to update workplace photographs and electronic directories to accurately reflect changes.
Any employee with questions about agency records or identification documents should contact Employee Services.
Names/pronouns
DCBS employees have the right to be addressed by the name and pronoun of their choice. Intentional or persistent refusal to respect an employee’s preferred name and pronoun is harassment (for example, intentionally referring to an employee by any name or pronoun other than their preferred).
If you are unsure what pronoun or name an employee prefers, respectfully ask. Example: “What are your preferred pronouns?”
Transitioning
Any transitioning employee will receive the support of the department. Transitioning employees are encouraged, but not required, to contact a manager, supervisor, or Employee Services for support and assistance. Employee Services will work with each employee individually to ensure a safe, inclusive, and successful workplace.
Restroom accessibility
DCBS employees have a right to safe restroom facilities, including the right to use a restroom that corresponds to the employee’s gender identity.
Any employee with a need or desire for increased privacy will be provided access to a singlestall restroom.
Locker room accessibility
When locker rooms are available, all DCBS employees have the right to use the locker room that corresponds to their gender identity.
Any employee who has a need or desire for increased privacy will be provided with a reasonable alternative changing area.
Dress codes
DCBS does not have a dress code that restricts employees’ clothing or appearance based on gender. DCBS employees have the right to dress in a manner consistent with their gender identity or expression.
References:
Discrimination and Harassment Free Workplace (PDF)
Human Rights Campaign Glossary of Terms