OSC Investigation Finds Pervasive Discrimination against Transgender Army Employee
A configuration management specialist with the Department of the Army and Desert Storm veteran began the process of transitioning from a man to a woman in 2010, after telling her first-line supervisor of her intersex medical condition and anticipated gender transition in 2007. In 2010, the employee obtained a court-decreed name change, obtained a passport with her new name and gender listed as female, and submitted her name change request with the Department of the Army. After notifying the Agency of her official name change in 2010, both the employee and management agreed that she would use the single-stall executive bathroom instead of the female bathroom “for some initial period” so that other employees would not feel uncomfortable. However, on three occasions when the executive restroom was unavailable due to it being out of order or being cleaned, the employee used the female restroom. After the third occasion, the employee was approached and told she needed to continue to use the executive restroom only. The employee’s second-line supervisor frequently used the male pronoun to refer to the employee in the company of others, and management attempted to limit her discussion of her transgender status in the office. The employee filed a complaint of prohibited personnel practice. On October 23, 2014, the U.S. Office of Special Counsel announced its determination in the matter, releasing a redacted August 28, 2014, report finding that the Department of the Army had engaged in gender-identity discrimination in violation of 5 U.S.C. § 2302(b)(10).