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In justifying the order, McCoy stated that no employee should be discriminated against because of gender identity and that such discrimination is counterproductive to creating a productive workforce and to attracting and retaining the best talent. Even earlier, in , Dwight C. Jones, the mayor of Richmond, Virginia, issued an executive directive prohibiting discrimination against city government employees on the basis of sexual orientation or gender identity. Constitution prohibits discrimination on the basis of sexual orientation or gender identity. In addition to issuing explicit protections for LGBTQ government employees, mayors should direct local agencies to interpret discrimination based on sexual orientation, gender identity, or gender expression as discrimination based on sex as prohibited under Title VII.

In , the mayor of Jacksonville, Florida, issued just such a directive to his agencies. Through executive directives, counties and cities can instruct their human resources departments to engage in outreach efforts to LGBTQ community members, to consider diversity as an important factor in hiring decisions, and to enact policies that help to retain LGBTQ employees. Equal employment opportunity plans or other affirmative action steps, just like nondiscrimination policies, also should be incorporated into personnel policy.

The executive directive should explicitly instruct the human resources department or other agency officials to update existing personnel policy such as employee handbooks to include or add an equal employment opportunity policy or plan. Local executives also have issued equal employment opportunity policies.

In , James Ritsema, the city manager of Kalamazoo, Michigan, issued an equal employment opportunity policy for city employment to increase opportunities based on classifications including race, sex, gender identity, and sexual orientation. Crucially, both Decatur and Millington have made their nondiscrimination statements easily accessible online and both policies clearly indicate how city residents can file a grievance if they have faced discrimination in city services or programs. LGBTQ people experience routine discrimination when attempting to access municipal services, potentially barring them from a wide range of services, from after-school arts and athletics programs for young people to life-saving housing and food assistance programs.

Nondiscrimination statements should make clear that no individual should be excluded from participation in, denied the benefits of, or subject to discrimination under any city or county programs, activities, or services on the basis of sexual orientation or gender identity or expression, in addition to race, color, religion, national origin, sex, disability, age, and other relevant protected characteristics.

Many cities across the country have already banned discrimination in public services, including cities that have yet to pass an LGBTQ-inclusive nondiscrimination law, such as Millington, Tennessee, and Decatur, Georgia.

In addition to listing protected characteristics, nondiscrimination statements should clearly articulate specific forms of conduct that constitute prohibited discrimination. For example, municipal employees and programs should be prohibited from the following actions on the basis of protected characteristics:.

Transgender and gender-nonconforming people face high rates of discrimination when it comes to restroom access, and policies denying them restroom access cause further harm.

Advancing LGBTQ Equality Through Local Executive Action

In the U. Transgender Survey, the largest survey of transgender people ever conducted, one-quarter of transgender adults reported being denied access to a restroom, having their presence questioned, or being verbally, physically, or sexually assaulted while in a restroom in the past year.

Transgender Survey found that 8 percent of transgender adults reported having a urinary tract infection or kidney-related medical problem in the past year due to avoiding the use of restrooms.

This discrimination occurs not only in the public square but also within places of employment. For example, 70 percent of transgender and gender-nonconforming people surveyed in Washington, D. Protections would also benefit transgender members of the public. When transgender people are denied restroom access, they might avoid public accommodations altogether: more than half of transgender and gender-nonconforming respondents in the District of Columbia reported avoiding going out in public because of safety concerns in public restrooms.

Transgender Survey, the majority of transgender people surveyed reported that in the last year they sometimes or always avoided using a restroom, including at work, school, or in public, to avoid confrontations or other issues. Through an executive order, county and city executives can create a policy to ensure inclusive restroom access for transgender residents and employees in government buildings and facilities.

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This policy covered city agency offices as well as public spaces such as parks, pools, and playgrounds and mandated training for managers on the policy. The executive order further called for the restroom policy to be posted in conspicuous locations.

Ensuring equal access does not come at the expense of public safety, as opponents of transgender equality argue. No evidence suggests that allowing transgender people access to restrooms that align with their gender identity poses a threat. In fact, Media Matters for America interviewed law enforcement, government employees, and civil and human rights groups in 12 states with nondiscrimination protections for transgender people inclusive of public accommodations, and none of the participants reported that the protections led to incidents of sexual harassment or abuse.

Another way to make restroom policies more transgender-inclusive is to designate single-occupancy restrooms as gender neutral, as several cities and counties have done. In , Jeff Gogen, the board chairman of Multnomah County, Oregon, signed an executive order requiring all new construction projects in the county to have single-occupancy gender-neutral restrooms. The county also indicated in its press release and an FAQ that some multi-stall restrooms would become gender neutral. In , the Washington, D. Local governments can support their employees by requiring that human resources departments remove exclusions from employee health care plans that discriminate against transgender people.

Although there is a broad medical consensus that hormone therapy and transition-related surgeries are medically necessary for many transgender people, insurance plans often categorically exclude these services, even when the same services are covered for cisgender—non-transgender—patients for indications other than gender dysphoria. However, legal challenges and the appointment of anti-transgender officials to the department signal an uncertain future for federal protections, making it critical for state and local governments to take action to protect their transgender employees.

Already, 18 states have issued guidance prohibiting transgender exclusions in private health insurance coverage, and at least 12 states explicitly cover transition-related care for state employees. In , localities started banning categorical exclusions, with San Francisco being the first to ban exclusions legislatively.

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In , for instance, the county chair of Multnomah County, Oregon, issued an executive fiat to remove transgender exclusions in employee coverage and ensure that employee plans affirmatively cover transition-related surgeries. This important step expanded transgender-inclusive coverage beyond mental health therapy and hormone therapy, which were already covered. Another way to ensure that human resources policies and benefits for government employees and contractors are inclusive of LGBTQ people and their families is to extend paid family leave and paid sick leave to all government workers using an inclusive definition of family.

Many Americans are still unable to take time off to care for themselves and their loved ones without worrying about losing wages or their jobs. More than one-third of workers in the private sector do not have paid sick leave, and only 13 percent have paid family and medical leave.

Those least able to afford to take unpaid leave are also less likely to have paid leave. Workers in the lowest earnings quartile are two times less likely to have paid sick leave and four times less likely to have paid family leave than those in the highest earnings quartile. Thirty states lack comprehensive employment nondiscrimination laws covering both sexual orientation and gender identity. Another leave issue faced by LGBTQ workers is the limits placed on the individuals for whom caregivers may take leave.

The reality is that more than 80 percent of American households diverge from the idealized married couple with their minor children. There is movement in the right direction, however. Broadening the definition of family to better match reality will benefit families of many different types, and LGBTQ families in particular. Studies indicate that LGBTQ people often form close bonds with chosen families, or informal support networks of friends and others, due to stigma they face from their own biological families and neighbors. Mayors and county executives can institute paid sick leave and paid family leave for all local government workers in their jurisdiction with an executive order.

In New York City, for example, the mayor issued a personnel order in that extended paid parental leave to city employees. For the purposes of paid sick leave and family leave policies, the definition of family should also include the previously mentioned chosen families. Paid leave programs at the local level have generally been funded by the city or county.

With Executive Order , President Obama did just that, mandating that certain federal contractors provide paid sick leave, including for family care, to their employees. Mayors and county executives have the opportunity to be a part of a wave of positive change in this area. A previous report by CAP found that in the last half of alone nearly 7 million people gained access to paid sick leave that included an inclusive definition of family thanks to local and state initiatives. County and city executives should establish offices of equity to ensure that, among other goals, policies for their LGBTQ employees are fair and inclusive.

In the General Social Survey, 1 in 10 government employees reported being harassed on the job because they were perceived to be lesbian, gay, or bisexual. As an executive agency that primarily advises other agencies, an office of equity can be created by executive order, which was what New York City did in establishing its Commission on Gender Equity. Offices of equity can also process discrimination complaints based on local laws and provide trainings on compliance to municipal employees, as the Office of Human Rights in Washington, D.

The city of San Antonio is one of a growing list of localities that has designated ongoing funding to support an office of diversity and inclusion, with the aim of strengthening services for the community and improving workplace environments.

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In addition to formalizing written policies that promote equality and inclusivity for LGBTQ employees, county and city executives can support their workforces by funding LGBTQ employee resource groups in the executive budget. LGBTQ employees and their allies may feel socially isolated at work or face a hostile work environment. Additionally, these groups can interface with nongovernmental community-based groups to support pride events and other activities that recognize the history and achievements of LGBTQ communities.

In Multnomah County, members of the LGBTQ employee resource group Prism are entitled to meet during the workday and some funding is given for these activities through budgeting for the Office of Diversity and Equity. Crafting budgets that not only fund mandated services but that also meet unmet needs in communities across the country has become increasingly challenging for county executives.

Multnomah County, Oregon, again provides a good example of how city and county executives can present budgets that include culturally specific, LGBTQ-targeted services. Responding to data that indicate that, on average, between 20 percent and 40 percent of youth experiencing homelessness identify as LGBTQ, the New York City executive budget funds a runaway and homeless youth drop-in center targeted to LGBTQ youth.

Local governments can also leverage federal and state grant resources to better serve LGBTQ people and their families. For example, the U. Department of Education funds community school programs across the country through the Full-Service Community Schools program. Among the most powerful tools an executive has at their disposal is the ability to incentivize equality and, conversely, penalize inequality through contracting and local licensing requirements.

By applying the terms and conditions for public employees to private contractors, executives can significantly increase the number of people protected by nondiscrimination policies and ensure that local governments do not do business with entities that enable discriminatory and harmful practices. Mayors and county executives can use their contracting and procurement powers to prohibit contractors and grantees from discriminating on the basis of sexual orientation and gender identity or expression.

As of , at least 61 local governments had enacted nondiscrimination ordinances that apply to contractors and were inclusive of sexual orientation and gender identity.

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