The New York Office of the Attorney General (OAG) has adopted policies supporting the right of employees to undergo a gender transition. The OAG relied on best practices from the transgender advocacy community in developing its policies. As a result, other employers may want to take them into consideration in developing their own workplace policies.
The policy explicitly affirms the right of employees to openly be who they are, including expressing gender identity, without fear of consequences. Employees are encouraged under the policy to work with a trusted supervisor, coworker, or HR official to develop a Workplace Transition Plan. Attorney General Eric T. Schneiderman announced the policy while attending Pride Day at the New York State Fair in Syracuse.
New policy. The new policy requires supervisors, management, and coworkers to follow nondiscriminatory policies that support the transitioning individual, including through appearance standards, restroom access, pronoun and name changes, name changes on professional licenses and registrations, and rights to privacy.
Workplace Transition Plan. The policy permits an employee to develop a Workplace Transition Plan that includes the following considerations:
Identifying various stakeholders (e.g., supervisors, coworkers, clients, vendors, etc.) at the OAG with whom the employee may need to engage at some point during the transition.
A communication plan: when and how to inform the various stakeholders of the employee’s transition or intent to transition (e.g., a letter, a face-to-face meeting, individual discussions, the employee’s supervisor/HR explaining).
The date on which the employee wants to begin the transition at work. This is likely the point at which the employee will begin to present consistently with his or her gender identity, which may include change of name, pronouns, dress, grooming, and restroom use.
The date on which OAG materials will be changed to reflect the employee’s transition (e.g., OAG directory, website, ID badge, email address, telephone listing, payroll information, etc.).
The date on which the employee’s legal name change (if any) will take effect.
Changes to external professional information (e.g., Lexis ID, bar and court registrations, ECF logins, bar association information, etc.).
Any anticipated time off or leave required for medical treatment—the OAG’s normal sick pay and leave policies will apply.
Identifying OAG benefits that are available to support the transition and affected by the transition.
Are there any specific issues that need to be addressed sooner rather than later?
Confirm who will be the OAG’s main point of contact (the employee or someone else from the employee’s Support Team) to manage the OAG’s involvement during the transition.
All employees remain subject to the OAG’s pre-existing Non-Discrimination and Anti-Harassment Policy.
“Attracting and retaining top talent starts with creating a workplace that is inclusive and respectful,” Schneiderman said. “This new policy affirms the basic rights and dignity of all of our office’s employees and will ensure a hospitable environment for our team of outstanding public servants.”