Model Anti-Discrimination Policy

City of San Jose City Policy Manual
Transgender Policy Section 1.02

PURPOSE

To provide guidance for all City employees in creating and maintaining an environment
free of discrimination and/or harassment of employees who are transgendered,
transsexual or who are in gender identity transition.

POLICY

1. Continuing employment
An employee who is transgendered or transsexual and considering or undergoing the
Real Life Test (RLT), also referred to as “transitioning” gender roles, shall continue
employment in their specific classification and position. In an effort to make the transition
easier for the transsexual employee or coworkers, a temporary or permanent transfer to a
different assignment may be requested by the employee or department.

2. Gender Identity
During transition, an individual might choose to adopt the dress and identity of the new
gender role. At the same time, the employee might choose to adopt a new name that
conforms to the target gender. The City’s response to the employee’s decisions regarding
dress and name change during transition will be to use personal references to the
employee that reflect the new gender (he/she, her/him) and to use the employee’s new
name. Appropriate identification documents (City Identification Badge) will be allowed to
conform to the employee’s new name and changing gender upon receipt of official
documentation that the employee is undergoing transition. Because personnel and payroll
documents are determined by an employee’s name on the Social Security Card, those
records will be changed upon submittal of a Social Security Card in the employee’s new
legal name.

3. Management support
Department management will provide assistance to the employee and the employee’s
work group to effect a smooth and positive adjustment to the employee’s gender identity
change. This can be done by developing clear communication regarding the transition
process, maintaining a discrimination free workplace, and providing training or
consultation as necessary by outside consultants or speakers specializing in workplace
transition issues.

4. Use of facilities
The appropriate restroom facility to be used by an employee in transition will depend, in
part, on the work location and available facilities and will be assessed for each individual.
During transition, the employee may use a single-occupant bathroom (male or female). In
employee only areas, an inside lock or latch may be installed to

Revised Date: March 28, 2005
Original Effective Date: July 1, 2004
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insure privacy when only multiple-occupant male only or female only restroom facilities
are available. If the employee is at a remote site and unfamiliar with the restroom
accommodations or the restroom's are gender specific multi-person facilities, and no other
accommodations are available, the employee should use the restroom appropriate for their
gender presentation. Once the transitioning employee has completed the process through
surgery, they may use any facility designated for use by their assigned gender.

PROCEDURES

NOTICE THAT EMPLOYEE IS TRANSGENDERED OR UNDERGOING GENDER IDENTITY
TRANSITION

Employee                      
1.   Provides written notification to Department Director or designee with accompanying
documentation from treating physician or health care professional.
Documentation should include a timetable for the transition  period, with a request of
the type of support and assistance the employee will  require during transition.

Department Director    
2.    Works with employee to develop a support plan to implement Transgender Policy.
Support plan should include education and information for  employee’s work group as
necessary.

Office of Employee       
3.    Assists Department Director in implementation of Transgender relations policy.             
Investigates and resolves complaints of harassment  and/or discrimination based on
gender identity in accordance  with the City’s Discrimination and Harassment Policy
(CPM,  Section 1.01)

Approved:



/s/ Alex Gurza                                                                       3/28/05       
Director of Employee Relations                                         Date


Revised Date: March 28, 2005
Original Effective Date: July 1, 2004
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