Know Your Rights: Federal Employees

Federal employees have many of the same rights as other workers, as well as some additional protections. The processes for addressing workplace discrimination for federal employees are also unique. This resource outlines the rights and procedures transgender federal workers have. It covers the following subjects:

• The protections available to transgender federal workers
• Recent changes to protections available to transgender federal workers
• How transgender federal employees covered under Federal Employee Health Benefit (FEHB) Plans may still be able to receive coverage for some forms of gender-affirming care
• What transgender federal employees can do if they experience workplace discrimination
• Who can provide help with navigating discrimination in the workplace
• Recommendations for additional learning on these issues

Protections for Transgender Federal Workers

The following laws and policies offer protection for transgender federal workers:

• Title VII of the Civil Rights Act of 1964 prohibits sex discrimination in employment. The Supreme Court has made clear that discriminating against a person for being transgender or because the person fails to conform to gender stereotypes is unlawful sex discrimination under Title VII. 
• The Civil Service Reform Act of 1978 prohibits discrimination by the federal government on the basis of “conduct which does not adversely affect the performance” of an applicant or employee. This should apply to sexual orientation and gender identity.

Recent Changes to Protections and Policies for Transgender Federal Workers

• Executive Order 14173 (on January 21, 2025) repealed parts of Executive Order 13672, which had prohibited anti-LGBT discrimination by federal contractors. Accordingly, federal contractors will need to rely on other protections now unless this order is successfully challenged. For example, if the contractor is a private employer with 15 or more employees, it may be subject to Title VII. 
• The Equal Employment Opportunity Commission (on January 22, 2026) rescinded its 2024 Enforcement Guidance on Harassment in the Workplace, which had explained that denying transgender and nonbinary employees access to appropriate restrooms and repeatedly and intentionally misgendering employees may be unlawful harassment under Title VII. The statutory rights of employees have not changed, so it is possible that these protections are still available under Title VII. Additionally, EEOC recently reversed its prior determination that federal agencies must provide transgender employees with access to restrooms that match their gender identities. However, this decision is not binding on federal courts, and it should not be persuasive to them, given its poor reasoning.

What Counts as Unlawful Discrimination?

Discrimination in federal employment based on being transgender or not conforming to gender stereotypes is unlawful. Although the federal government’s policies regarding the gender identities and expression of its employees may change, its statutory requirements under Title VII remain consistent. It is important to keep in mind, however, that your employer may not necessarily recognize your rights: if you assert these rights, you may be called upon to vindicate them in court. 

You have the right to transition at work.

If you are ready to transition at work, you should contact the HR department and your immediate supervisor and inform them of your transition plans. You should be prepared to inform them about what exactly your needs will be and what reasonable accommodations (e.g., being called by the pronouns that match your gender identity) you require, if any. It should be your choice whether you want to share any personal or medical information. If your employer denies any of your accommodations requests, try and get the denial in writing and ask for reasons (e.g., if your supervisor says that they will not use your pronouns, you may want to send an email asking them why they are not able to accommodate your needs). 

Once you begin presenting consistently with your gender identity at work, you should be treated accordingly in all respects. Take detailed notes of all your interactions, including any instances where anyone fails to be respectful. 

Your employer should help you plan the necessary steps to transition at work, including how and when you wish your co-workers to be informed. If necessary, record detailed accounts of any instances where your privacy has been infringed (e.g., outing you to your coworkers prematurely).

You have the right to be treated with respect and not be harassed.

Gender-based harassment is unlawful when it is severe or pervasive, and the agency does not take reasonable steps to stop it. Your managers, supervisors, and coworkers should be respectful of your gender identity. 

Continued, intentional refusal to use your correct name and pronouns is inappropriate and could be unlawful harassment if sufficiently severe or pervasive, depending on the circumstances. Accordingly, people you work with should your correct name and pronouns and not mistreat you on the basis of your gender identity (e.g., subjecting you to jokes about your sex). They should also use the correct name and pronouns in employee records and in communications with others about you. 

While you should not be required to misgender yourself, you may be required to comply with generally applicable policies on pronoun use (e.g., some agencies may prohibit including pronouns in email signatures), but you should not be subject to any restrictions based on your gender identity (e.g., if including pronouns in email signatures is permitted, you should be permitted to use the pronouns that match your gender identity). 

You have the right to dress according to your gender identity.

Dress codes should be applied to transgender employees the same way they are applied to other employees of the same gender. Dress codes should not be used to prevent you from living full-time in the role consistent with your gender identity. Once you have informed management that you are transitioning, you can begin wearing clothes associated with the gender with which you identify. 

You have the right to use sanitary, safe, and reasonably located restrooms and locker rooms. 

As discussed earlier, the EEOC has shifted its stance on the right of transgender employees to access appropriate restrooms. Even so, this decision does not bind federal courts, and your rights arise from Title VII—not the ever-changing policies of the federal government. 

Many courts agree that transgender people have the right to use restrooms and locker rooms consistent with your gender identity.  However, there is still not a consensus throughout federal courts on how to apply Title VII to transgender employee’s right to use restrooms and locker rooms consistent with their gender identities. It is up to you to decide whether you would like to challenge a restroom or locker room policy that discriminates against you. 

Nevertheless, under no circumstances may an agency require you to use facilities that are unsanitary, potentially unsafe, or located at an unreasonable distance from your workstation. 

You have the right to privacy concerning your transgender status and medical information.

Private information about your transition should be shared only with your consent. Medical information about individual employees is protected under the Privacy Act. You should never be required to share specific medical information as a condition of transitioning at work or using appropriate facilities. However, there are situations where you may be required to disclose your status as transgender, such as when obtaining or renewing a security clearance. Confidential information about employees should not be disclosed except when legally necessary.

Does my Federal Employee Health Benefit (FEHB) Plan Cover Gender-Affirming Care?

The Office of Personnel and Management (OPM) announced in 2025 that starting in 2026, FEHB would no longer cover many forms of gender-affirming care (e.g., hormone therapy for transitioning). This exclusion applies regardless of age. However, there are some exceptions to this exclusion, so Advocates for Trans Equality has compiled guidance for people seeking to get coverage for gender-affirming care through their FEHB plans. 

What Can I Do About Discrimination?

Federal employees have a distinct process for invoking civil rights protections from private-sector employees, governed primarily by 29 C.F.R. Part 1614 (the EEOC's federal sector regulations).

The following steps do not apply to claims under the Age Discrimination in Employment Act (ADEA) and the Rehabilitation Act, which follow a similar but slightly different path and have some distinct options.

Step 1: EEO Counseling (Mandatory Pre-Complaint Step)

Under 29 C.F.R. § 1614.105(a)(1), the employee must contact an EEO Counselor at her agency within 45 calendar days of the discriminatory act (or the date the employee reasonably should have known about it). Some exceptions to this deadline under 29 C.F.R. § 1614.105(a)(2) may apply. Missing the 45-day counseling deadline is typically fatal to subsequent court claims unless the employee can show that they were not notified of the requirement or that they were not reasonably expected to know of it.

Under 29 C.F.R. § 1614.105(b), the employee may choose between traditional EEO counseling or Alternative Dispute Resolution (ADR), if the latter is offered. 

• Traditional EEO counseling: The counselor will attempt informal resolution per 29 C.F.R. § 1614.105(d) and (e). If informal resolution is unsuccessful within 30 days (unless an extension is made), the counselor will provide the employee with notice of the right to file a discrimination complaint.
• ADR: If the matter is not resolved through ADR within 90 days, the employee will receive notice of the right to file a discrimination complaint.

Step 2: Formal Complaint to the Agency

Within 15 calendar days of receiving the notice of the right to file, the employee must file a formal written complaint with the agency's EEO office per 29 C.F.R. § 1614.106. The complaint must identify the specific discriminatory actions alleged.

The agency will then:

• Accept or dismiss the complaint (in whole or in part) per 29 C.F.R. § 1614.107.
• If accepted, conduct an investigation of the complaint and produce a file of their findings within 180 days of filing the formal complaint, under the procedures of 29 C.F.R. § 1614.108.

Step 3: Hearing or Final Agency Decision

After the investigation, the employee may elect one of two paths:

Option A—EEOC Hearing: Request a hearing before an EEOC Administrative Judge (AJ) within 30 days of receiving the investigative file. The AJ conducts a hearing and issues a decision. This option is codified under 29 C.F.R. § 1614.108(f). This hearing process is codified under 29 C.F.R. § 1614.109. The agency then issues a Final Order either implementing or rejecting the AJ's decision per 29 C.F.R. § 1614.110(a). 

Option B—Final Agency Decision (FAD): Request that the agency issue a FAD immediately, without a hearing. The agency reviews the file and issues its decision. This option is codified under 29 C.F.R. § 1614.110(b).

Step 4: Appeal to the EEOC's Office of Federal Operations

If the employee is dissatisfied with the Final Order or FAD, the employee may appeal to the EEOC's Office of Federal Operations (OFO) within 30 calendar days of receiving it under 29 C.F.R. § 1614.402(a). The OFO reviews the record and issues a decision affirming, reversing, or remanding the agency's action in accordance with 29 C.F.R. § 1614.405. The employee may also request reconsideration of an OFO decision within 30 days per 29 C.F.R. § 1614.405(b).

Step 5: Filing Suit in Federal District Court

The employee has the right to bypass or exit the administrative process and sue in federal district court at several trigger points. The employee may file suit:

• After 180 days have passed since filing the formal complaint, with no FAD issued and no hearing requested
• After 180 days have passed since requesting an EEOC hearing, with no AJ decision
• Within 90 days of receiving a FAD (if no appeal is filed)
• Within 90 days of receiving a final decision from the EEOC OFO on appeal
• After 180 days have passed since filing an appeal with the OFO, with no decision

The suit is filed in the U.S. District Court for the district where the employee works, where the records are kept, or where the discriminatory act occurred—or in the U.S. District Court for the District of Columbia. The head of the federal agency is the proper defendant.

Notably, unlike private-sector employees, federal employees do not need a separate “right to sue” letter from the EEOC; the exhaustion framework above serves that function. Under 42 U.S.C. § 2000e-16, a federal employee may file a civil action after 180 days from filing the complaint with the agency if no final action has been taken, or within 90 days of receiving notice of final action by the agency or the EEOC. The statute itself, rather than a separately issued “right to sue” notice, defines when the federal employee's right to sue ripens. 

The EEOC's regulations at 29 C.F.R. § 1614.407 codify these same triggers, specifying the conditions under which a complainant “is authorized to file a civil action.” By contrast, private-sector employees are governed by 42 U.S.C. § 2000e-5(f)(1), which explicitly conditions the right to sue on the EEOC's issuance of a “notice of the right to sue”. No equivalent document-issuance requirement appears in 42 U.S.C. § 2000e-16.

Tips for the Complaint Process

• Document everything. Your complaint will be more effective if you can present solid factual information. It is important to begin collecting your evidence and keeping records in preparation. Keep a log of the date, time, location, witnesses, and people involved in any events that were disrespectful or discriminatory. Also keep any documents that your agency gives you, such as performance reviews or disciplinary notices. If you present your case in an organized way, you raise the chance of your complaint getting full attention and an appropriate resolution.
• Stay on top of deadlines. Timelines for the formal complaint process are very strict, and they are shorter for federal employees than for private workers. If you feel that you have experienced a pattern of ongoing discrimination, it is safest to assume that the time limit began as soon as you recognized that pattern. Make sure you make a note of the date when you first file your complaint. Mark your calendar at every stage of the process so that you know all the relevant deadlines.
• Be assertive. Do not assume that once you file a complaint, the complaint process will proceed automatically. Check in periodically to find out what is happening with your case. If the action or inaction of the EEO counselor handling your case is causing you problems at work, call that to their attention.
• Be specific. You cannot rely on your local EEO office to state the basis of your claim, or to state it correctly. You must state that you are claiming that the acts you describe constitute sex discrimination. Describing the acts that you believe are discriminatory is not usually enough.
• Be persistent. In the past, Federal EEO offices have dismissed informal and formal complaints from transgender employees, sometimes without investigation. To keep your claim alive after a dismissal or denial, you must appeal it upward at every stage. No dismissal is final until it comes from the EEOC, and even then, you have the right to appeal to a court. Again, you must meet all deadlines in order to keep your rights.

Union grievance procedures

If you are a member of a union, your union will have a negotiated grievance procedure to resolve disputes between employees and your agency. This process may specifically exclude discrimination complaints, or may have rules about the interaction between the grievance procedure and your agency’s EEO process. 

Your union membership will not prevent you from bringing a formal EEO complaint, but bringing a formal EEO complaint may prevent you from using your union procedure. Your union procedure may have strict deadlines and fewer safeguards or appeal rights than an EEO complaint, but it may also be faster or require less legal assistance. Contact your union representative for details and decide how it would be best for you to proceed based on the seriousness of your issue, and your relationship with your union.

Who Can Help Me?

Getting justice for workplace discrimination, whether through agency procedures or the courts, can be a complicated process. Don’t hesitate to seek help from your union representative or a lawyer (or both). While A4TE does not provide legal services or referrals, there are many other groups that may give you referrals or maintain lists of local employment lawyers. You can try your local legal aid or legal services organization, or national or regional organizations such as Lambda Legal, the National Center for Lesbian Rights, the ACLU, the Transgender Law Center and others.