Gender Expression/Gender Identity
Executive Order 11246 prohibits federal contractors from disparately treating individuals in the terms and conditions of their employment based on several protected categories, including gender identity or gender expression.
Gender identity refers to how someone identifies with their inner sense of "being" male, female, androgynous, or a different concept of gender, which may or may not align with their sex at birth. Gender identity discrimination involves treating an individual (an applicant, an employee, faculty member, or student) unfavorably because of how that person identifies their gender.
Gender expression refers to how a person expresses their gender identity, which can include their clothing, mannerisms, makeup, behavior, speech patterns, and more. Gender expression is external and socially perceived and sometimes does not conform to traditional gender stereotypes of how men or women "should" look or act. Discrimination based on gender expression involves treating an individual (an applicant, staff, an employee, faculty member, or student) unfavorably because of the way that person chooses to express their identity.
Transgender is an all-encompassing term for individuals whose gender identity, gender expression, or behavior does not conform to that typically associated with the sex to which they were assigned at birth. A transgender individual may or may not choose to seek a medical/surgical transition. Discrimination based on transgender status involves treating an individual unfavorably because they do not conform to the behavior or expectations typically associated with their sex assigned at birth. Discrimination or harassment based on transgender status could include the refusal to acknowledge or refer to the person by their preferred name or pronoun preference, refusal to allow the person to use the restroom or locker room facilities of their choice, or harassing behavior targeted at their transgender status.
If you believe you have been subjected to gender expression or gender identity discrimination or have witnessed such discrimination, please contact the Office of Civil Rights and Title IX at (785)864-6414, or click here to file a report online.
Gender Identity/Gender Expression Resources:
- Title VII of the Civil Rights Act and Gender Identity Discrimination
- Sexual Orientation and Gender Identity (SOGI) Discrimination
- OFCCP Directive on Gender Identity Discrimination
- Department of Education Significant Guidance pertaining to LGBTQI+ Students
- Title IX of Education Amendments of 1972
- LGBTQI+ University Resources
- Department of Labor Summary of Rights
- KU Center for Sexuality and Gender Diversity