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Know Your Rights

A Quick Guide for LGBTQIA+ Federal Employees and Contractors

As a federal employee or contractor, you are entitled to a workplace free from discrimination, with access to certain health benefits and privacy protections. This guide outlines your rights under current federal law and provides resources to support your well-being.


Employment Protections Under Title VII


Under Title VII of the Civil Rights Act of 1964, discrimination based on sex is prohibited in the workplace. In the landmark decision Bostock v. Clayton County (2020), the U.S. Supreme Court clarified that this prohibition extends to discrimination based on sexual orientation and gender identity.

This means that:

  • Employers cannot fire or refuse to hire individuals solely because they are transgender or gender expansive.
  • Harassment or hostile work environments based on gender identity are unlawful.
  • Retaliation against individuals for asserting their rights under Title VII is prohibited.

These protections apply to both federal employees and contractors.


Privacy Protections


Your personal information, including medical history and gender identity, is protected under the Privacy Act of 1974. Employers must maintain confidentiality and are prohibited from disclosing such information without your consent, except as required by law.


Health Benefits Under FEHB


The Federal Employees Health Benefits (FEHB) program offers various plans that may include:

  • Mental Health Services: Counseling, therapy, and psychiatric care.
  • Gender-Affirming Care: Hormone therapy, surgeries, and related treatments.
  • Family Planning: Coverage for services like in vitro fertilization (IVF).


Coverage varies by plan; review the FEHB Plan Comparison Tool to select the plan that best meets your needs.


Resources

Equal Employment Opportunity Commission (EEOC): Information on workplace rights and how to file a complaint.

Merit Systems Protection Board (MSPB): Assistance with federal employment disputes.

Office of Personnel Management (OPM): Details on federal employment benefits.

Lambda Legal Help Desk: Legal support for LGBTQIA+ individuals.

Out & Equal Workplace Advocates: Resources for workplace inclusion.

National Center for Transgender Equality (NCTE): Advocacy and policy information.


Disclaimer


This webpage provides general information and resources. It is not legal advice. For specific legal concerns, please consult with a qualified attorney or your agency’s legal counsel.