Policy Text
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City of Oakland – Gender Inclusion Policy
ADMINISTRATIVE INSTRUCTION
SUBJECT
Gender Inclusion Policy
NUMBER 73
REFERENCE Administrative Instruction 71 EFFECTIVE March 14, 2022
SUPERSEDE None
I. PURPOSE
The City of Oakland welcomes transgender, gender -nonconforming, gender -nonbinary, and gender-
transitioning employees, applicants, and contractors. This policy promotes a safe, professional,
inclusive, and productive workplace for everyone, regardless of gender identity or gender expression.
II. POLICY
All employees, applicants, and contractors must be treated with dignity and respect, regardless of gender,
gender identity, and gender expression. City employees may not harass, discriminate, or retaliate again st
anyone based on their gender expression, gender identity, transition status or their perceived gender
identity, expression or transition status.
III. DEFINITIONS AND CORE CONCEPTS
These definitions help explain this policy and clarify gender differences. Individuals may or may not use
these terms to describe themselves. These terms may change as our understanding evolves:
• Cisgender: Describes someone whose gender identity matches what is typically associated with the
sex assigned at birth.
• Gender expression: The way people show their gender. Appearance, dress, hairstyle, voice, speech
patterns, social interactions, names, gender pronouns (she, he, they, etc.), and mannerisms can all
express gender. The gender a person expresses may not be male or female. It may be masculine, feminine, neither, or both.
• Gender identity: A person’s sense of being male, female, or something other or in-between. This is
regardless of the sex assigned at birth. Gender identity is not the same as gender expression or sexual
orientation.
• Gender -nonbinary: Describes someone whose gender identity is something other than male or
female. Nonbinary people may identify as genderfluid, genderqueer, off the binary, agender (without
gender), or something else.
• Gender -nonconforming: Describes those whose gender traits and/or behavior do not fit into society’s
“traditional” standards. These individuals may or may not be transgender.
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City of Oakland – Gender Inclusion Policy • Sexual orientation: An individual’s attraction to people. Straight, gay, and bisexual are some ways to
describe sexual orientation. Sexual orientation is distinct from gender identity and expression. For
example, transgender people can be gay, lesbian, bisexual, or straight.
• Transgender: Broadly describes those whose gender identity or gender expression is different from
the sex assigned at birth:
o A transgender man is someone who identifies as a man, and whose sex assigned at birth was
female.
o A transgender woman is someone who identifies as a woman, and whose sex assigned at birth
was male.
o Those who identify as androgynous, genderqueer, nonbinary, or other identities may also
consider themselves transgender.
o Some people described by this definition do not consider themselves transgender and may use
other words. They may simply identify as a man or a woman.
• Medical and Social Transition: The process of aligning one’s gender identity socially and/or with the
use of medical interventions. Medical and/or social transition can vary significantly depending on a person’s identity and/or goals. Social transition may include telling family, friends, co -workers, and
others (coming out); changing names and/or gender on legal documents. Medical transition related care may involve accessing medical interventions, such as hormones and/or surgeries. It is important
to note that medical and social transition is not always linear and can vary greatly person -to-person.
Not all Transgender individuals follow the same medical or social transition process.
IV. CONFIDENTIALITY AND PRIVACY
City employees, applicants, and contractors have the right to discuss their gender identity or gender expression openly or keep that information private. The medical, personal, or intimate details about someone’s gender identity, transgender status, or transition are personal business. They decide when,
with whom, and how much of their private information to share.
Information relating to gender identity or expression is confidential under state privacy laws. Individuals
must consent before anyone besides themselves shares any of their personal, confidential information.
Managers and supervisors must also be sensitive to transgender or gender-nonconforming employees’
special concerns, such as safety, privacy, transitioning, etc.
Spreading rumors or gossiping about anyone’s gender identity or gender expression is inappropriate and
in violation of this policy. This type of behavior also violates the City’s Anti- Discrimination Policy
(Administrative Instruction 71) and the Code of Conduct Policy (Administr ative Instruction 596). These
policies are available to employees through the New Employee Orientation, the City’s Intranet, and their
supervisors.
V. TRANSITIONING
Many employees continue to work while they socially transition or pursue gender affirming medical interventions. Some employees seek gender affirming medical interventions as part of their gender transition, while others may not. Departments and Human Resources Management staff must foster a respectful work environment for individuals socially transitioning or seeking gender affirming medical
care.
Aside from name and pronouns, all other personal