Regulations Would Violate Human Rights Act Amendments on Gender Identity and Expression

The D.C. Office of Human Rights, proposed new regulations, published in the July 11, 2008 District of Columbia Register, to remove the requirement that the Department of Corrections and other agencies with custodial responsibility respect the gender identity and expression of transgender persons.

The ACLU-NCA comments noted that regulations must be consistent with the statute under which it was promulgated, in this case the Human Rights Act, which was amended recently to prohibit discrimination based on gender identity or expression. Moreover, the comments note that the proposed regulations appear to be a response to complaint about Corrections treatment of transgender individuals, rather than engaging in the mediated discussion required by the Human Rights Act. The ACLU-NCA specifically urged the Office to engage is such mediated discussions, with the recognition that the Human Rights Act does apply to transgender individuals rather than have the Office of Human Rights issue a dictat that the Act does not.

View a copy of ACLU-NCA's comments on the transgender regulations