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
workgroup 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
Page 1 of 2


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 restrooms 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 workgroup 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
Page 2 of 2
Copyright © 2008 - 2010 TCOPS - Transgendered Community of Police & Sheriffs.   All Rights Reserved.
Model Anti-Discrimination Policy

City of San Jose City Policy Manual
Transgender Policy Section 1.02