Frequently Asked Questions

An ERG is a voluntary employee-led group that fosters a diverse and inclusive workplace, aligned with organizational mission, goals, and objectives. Employees at agencies across the Federal workforce have formed ERGs to cultivate workplace inclusion and collaboration while giving a voice to employees.

Our mission is to advance diversity, equity, inclusion, and accessibility within VA; promote awareness of issues affecting LGBTQ+ employees and Veterans; and provide mentorship, community, advocacy, and service opportunities for our members. Our vision is for VA’s policies and programs to meet the diverse needs of all VA employees and Veterans. As members of communities affected by “Don’t Ask, Don’t Tell” and related discriminatory policies, we have a special responsibility to ensure our nation’s heroes and those who serve them as VA employees encounter a VA that is welcoming, inclusive, and fair for all.

PrideVA is an ERG open to all VA personnel and is not focused around preparing for a particular event. PrideVA is recognized by VA but is also independent, ie, does not represent official VA policy or fall under the supervision of a VA administration or office. Several of PrideVA’s members are actively involved in National Virtual Pride, and we benefit from their expertise and networks.

PrideVA is a voluntary group whose members do not have an official role in promoting VA’s LGBTQ+ programming as part of their position description. Our membership includes current VCCs and SEPMs, and we greatly benefit from their expertise and contacts.

PrideVA is a voluntary advocacy group. To become involved complete the volunteer form on the homepage of PrideVA, or contact us via email. We encourage you to become involved in one of our committees, or consider starting a local chapter of PrideVA. For more information contact us via email. (PrideVa@va.gov) You can also follow up on LinkedIn

PrideVA does not currently have a dues structure, as we are still determining our funding streams. If dues are requested in the future, they would be a nominal amount annually and scaled with the member’s GS level.

Opportunities include attending meetings/events, joining a committee, and running for an elected leadership position. If you have another idea, please let us know! We highly encourage you to attend our general membership meetings held the first Thursday of every month at 5:30 PM EST on Teams (email prideva@va.gov for the link).

You can sign up for a one or more at this google form here (You will need to forward to a personal computer/device to complete this form—won’t open on VA device. Also, if you have particular skills/experience you want to contribute that don’t fit in one committee category, let us know! Current committees are as follows. • Communication - manages PrideVA’s internal and external communications, to include our social media presence • Advocacy - represents the interests of LGBTQ+ employees and Veterans to VA leadership and other VA stakeholders, advises VA leadership on issues affecting LGBTQ+ employees and Veterans, promotes awareness of these issues across VA • Mentorship - helps stand-up and coordinate formal mentorship program as well as suggesting and leading opportunities for informal mentorship • Service - leads and organizes community service events (both in person and virtually), develops relationships with like-minded community organizations, and seeks opportunities for service in the communities where we live and work • Membership/Chapter Formation- devises strategy for VA-wide membership recruitment, goal is to have liaisons from major VA components, manages established members by developing strategy to ensure efficient communication between members and PrideVA leadership- assists with making PrideVA a truly nationwide organization by advising geographical and/or occupation-based groups on how to form chapters • Outreach - formulates and executes PrideVA’s outreach strategy, i.e., our visibility outside of VA, for example by organizing participation in Pride parades or at employee recruitment events, forms partnerships with our community and other like-minded organizations, develops and promotes a brand for publicity purpose (ie designs t-shirts, pencils etc.) • Events - organizes speakers and events for our members and other VA employees, recruits speakers and handles the event logistics, develops ideas for events (Don’t ask, don’t Tell repeal anniversary event), overseas temporary working groups formed to oversee specific, labor intensive events such as a VA-wide Pride event

Please email prideva@va.gov and/or come to our monthly membership meeting, the first Thursday of every month at 5:30pm EST via TEAMs (email us for more detailed information).

PrideVA aims to be a national organization with chapters centered around geographic areas and occupational specialties. For more information on how to form a chapter, please email prideva@va.gov.

We have an elected interim Board consisting of President, Vice President, Secretary, Treasurer, Communications Director, Mentorship Director, and Advocacy Director. The Interim Board will hold office until January 2022 when elections will be held for the same offices for two year terms. PrideVA has draft bylaws which the interim Board is finalizing and will approve and publish before the January elections.

PrideVA works to achieve its mission and vision by focusing its activities on four areas: • Strategic Partnership with VA: We are a strategic partner for VA in enabling a more diverse, equitable, inclusive, and accessible climate across the Department, to include advocating for policies aimed at creating a workplace that is free from discrimination based on sexual orientation or gender identity. We are also supporting VA in by advising on initiatives to improve VA’s service to LGBTQ+ Veterans. • Point of Contact & Resource: PrideVA is point of contact and resource for employees, and potential employees regarding LGBTQ+ issues and activities at VA to include providing information about and referral to relevant VA programs, staff, and resources. Pride VA will also encourage VA recruitment efforts aimed at ensuring VA’s workforce reflects our nation’s diversity, to include outreach to gender and sexual minorities. • Mentorship & Professional Development: PrideVA works to support our members’ careers by providing opportunities for mentorship, to include a formal pairing program between senior and junior employees in the same field. We also plan to facilitate professional development through presentations by subject matter experts during our membership meetings. • Community & Service: We strive to be a national organization with chapters across the country. We foster a sense of community and camaraderie by connecting members through social media, newsletters, and other outlets. We place a special emphasis on promoting opportunities for community building through volunteerism.

Please feel free to email the current PrideVA leadership with specific questions at prideva@va.gov. We would love to hear from you! Please also check out our sharepoint and external website.

YES! Title VII applies to private-sector employers with 15 or more employees, to state and local government employers with 15 or more employees, and to the federal government as an employer. Title VII also applies to unions and employment agencies. Title VII does not apply to Tribal nations. However, private employers with 15 or more employees are covered by the statute, even if they operate on a Tribal reservation. Title VII allows “religious organizations” and “religious educational institutions” (those organizations whose purpose and character are primarily religious) to hire and employ people who share their own religion (in other words, it is not unlawful religious discrimination for a qualifying employer to limit hiring in this way). Courts also apply a “ministerial exception” that bars certain employment discrimination claims by the employees of religious institutions because those employees perform vital religious duties at the core of the mission of the religious institution. Courts and the EEOC consider and apply, on a case by case basis, any religious defenses to discrimination claims, under Title VII and other applicable laws. For more information on those defenses and other issues related to religious organizations and discrimination based on religion, see EEOC Compliance Manual, Section 12: Religious Discrimination. Other defenses might also be available to employers depending on the facts of a particular case.ription

Yes. As a federal law, Title VII applies nationwide and protects employees from discrimination based on sexual orientation or gender identity regardless of state or local laws.

Title VII includes a broad range of protections. Among other things, under Title VII employers cannot discriminate against individuals based on sexual orientation or gender identity with respect to: hiring firing, furloughs, or reductions in force promotions demotions discipline training work assignments pay, overtime, or other compensation fringe benefits other terms, conditions, and privileges of employment. Discrimination also includes severe or pervasive harassment. It is unlawful for an employer to create or tolerate such harassment based on sexual orientation or gender identity. Further, if an employee reports such harassment by a customer or client, the employer must take steps to stop the harassment and prevent it from happening again. For more information, visit the EEOC’s harassment page at https://www.eeoc.gov/harassment.

Yes—employers are not allowed to discriminate against job applicants or employees because the applicants or employees are, for example, straight or cisgender (someone whose gender identity corresponds with the sex assigned at birth). Title VII prohibits harassment and other forms of discrimination based on sexual orientation or gender identity.

No. As a general matter, an employer covered by Title VII is not allowed to fire, refuse to hire, or take assignments away from someone (or discriminate in any other way) because customers or clients would prefer to work with people who have a different sexual orientation or gender identity. Employers also are not allowed to segregate employees based on actual or perceived customer preferences. (For example, it would be discriminatory to keep LGBTQ+ employees out of public-facing positions, or to direct these employees toward certain stores or geographic areas.)

No. Whether or not an employer knows an employee’s sexual orientation or gender identity, employers are not allowed to discriminate against an employee because that employee does not conform to a sex-based stereotype about feminine or masculine behavior. For example, employers are not allowed to discriminate against men whom they perceive to act or appear in stereotypically feminine ways, or against women whom they perceive to act or appear in stereotypically masculine ways.

No. Prohibiting a transgender person from dressing or presenting consistent with that person’s gender identity would constitute sex discrimination.[5]

Yes. Courts have long recognized that employers may have separate bathrooms, locker rooms, and showers for men and women, or may choose to have unisex or single-use bathrooms, locker rooms, and showers. The Commission has taken the position that employers may not deny an employee equal access to a bathroom, locker room, or shower that corresponds to the employee’s gender identity.[6] In other words, if an employer has separate bathrooms, locker rooms, or showers for men and women, all men (including transgender men) should be allowed to use the men’s facilities and all women (including transgender women) should be allowed to use the women’s facilities.

Yes, in certain circumstances. Unlawful harassment includes unwelcome conduct that is based on gender identity. To be unlawful, the conduct must be severe or pervasive when considered together with all other unwelcome conduct based on the individual’s sex including gender identity, thereby creating a work environment that a reasonable person would consider intimidating, hostile, or offensive. In its decision in Lusardi v. Dep’t of the Army,[7] the Commission explained that although accidental misuse of a transgender employee’s preferred name and pronouns does not violate Title VII, intentionally and repeatedly using the wrong name and pronouns to refer to a transgender employee could contribute to an unlawful hostile work environment.

A “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee, annuitant, member of the uniformed services, or retired member of the uniformed services. The term “domestic partnership” is defined as a committed relationship between two adults, of the opposite sex or same sex, in which the partners— (1) are each other’s sole domestic partner and intend to remain so indefinitely; (2) maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle); (3) are at least 18 years of age and mentally competent to consent to a contract; (4) share responsibility for a significant measure of each other’s financial obligations; (5) are not married or joined in a civil union to anyone else; (6) are not a domestic partner of anyone else; (7) are not related in a way that would prohibit legal marriage in the U.S. jurisdiction in which the partnership was formed; (8) provide documentation demonstrating fulfillment of these requirements; and (9) certify that they understand that willful falsification of the documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification and may constitute a criminal violation under 18 U.S.C. § 1001.

Yes. Lump-sum amounts payable on the death of a Federal employee or annuitant may be designated to go to any individual. If an employee or annuitant wishes to designate their same sex domestic partners to receive a lump sum, it is imperative that they do so affirmatively by making an election on an SF 2808. Lump-sum benefits are paid in accordance with the statutory order of precedence under 5 U.S.C. § 8342(c) (CSRS) (http://www.gpo.gov/fdsys/pkg/USCODE-2010-title5/html/USCODE-2010-title5-partIII-subpartG-chap83-subchapIII-sec8342.htm) or 5 U.S.C. § 8424(d) (FERS) (http://www.gpo.gov/fdsys/pkg/USCODE-2010-title5/html/USCODE-2010-title5-partIII-subpartG-chap84-subchapII-sec8424.htm). Same-sex domestic partners are not among those listed in the statutory order of preference. Further, a same sex spouse cannot receive lump-sum benefits as a “widow” or “widower” under the statutory order of precedence (i.e., the second order of precedence under 5 U.S.C. §§ 8342(d) and 8424(d)) as a result of DOMA. Therefore, in order for same-sex domestic partners or spouses to receive lump-sum benefits, employees or annuitants must designate their same-sex domestic partners or spouses under the first order of precedence (through a designated beneficiary) using SF 2808, Designation of Beneficiary, Civil Service Retirement System (http://www.opm.gov/forms/pdf_fill/sf2808.pdf), and SF 3102, Designation of Beneficiary, Federal Employees Retirement System (http://www.opm.gov/Forms/pdf_fill/SF3102.pdf).

Yes. In 1997, President Clinton established the 24-hour LWOP policy to encourage Federal agencies to make 24 hours of unpaid leave available to Federal employees for these three family support purposes as an interim measure while pursuing legislation to amend the Family and Medical Leave Act (FMLA). Although FMLA was never amended for these purposes, President Obama continues to support this LWOP policy with a current emphasis to extend coverage to Federal employees with same-sex domestic partners. Pursuant to the President’s June 2, 2010, Memorandum, OPM has extended the 24-hour LWOP policy to apply also to the children and elderly relatives of employees’ same-sex domestic partners. See CPM 2010-16, Extension of 24-Hour LWOP Family Support Policy to Same-Sex Domestic Partners of Federal Employees, September 10, 2010 (http://www.chcoc.gov/Transmittals/TransmittalDetails.aspx?TransmittalID=3146). See also Frequently Asked Questions about Leave: 24-Hours of LWOP for Family Support (http://www.opm.gov/oca/leave/html/24HoursLWOPQA.asp

Yes. There is no limitation on the designation of individual beneficiaries under the FEGLI program. Thus, a Federal employee may designate his or her same-sex domestic partner/spouse or a child of the domestic partner/spouse as the primary or secondary beneficiary on SF 2823, Designation of Beneficiary, Federal Employees’ Group Life Insurance (FEGLI) Program.

If you are single when you retire under FERS and then marry after retirement, you may elect to provide a survivor annuity for your spouse. You must tell OPM in writing within two years after your marriage that you want to elect a survivor annuity for your spouse. Your annuity will be subject to two reductions beginning on the first day of the first month that begins after you have been married for nine months. The first reduction is the reduction required to provide the survivor annuity, equal to 10 percent of your annuity if you elect to provide your spouse the maximum survivor annuity or equal to 5 percent of your annuity if you elect to provide your spouse the partial survivor annuity. The second reduction is the reduction to cover the deposit that you are required to pay if you elect a survivor annuity for your spouse. The deposit equals the difference between the amount of the annuity you received before the survivor election for your spouse is effective (retroactive to the commencing date of your annuity) and the amount of annuity that you would have received had your survivor election been in effect as of the commencing date of your annuity, plus interest. The reduction for the deposit is a permanent reduction and is calculated to spread out the collection of the deposit over your lifetime. If you are married when you retire under FERS, and your marriage subsequently ends, you may elect to provide a survivor annuity for another spouse whom you marry after retirement. You have two years after your marriage to notify OPM in writing that you want to elect a survivor annuity for the spouse you married after retirement. Your annuity will be subject to the two reductions described in the paragraph above – one reduction to reflect the reduction for the survivor election and the other reduction to cover the deposit required to make the election – and the reductions will be effective the first day of the second month after OPM receives your election, but not less than 9-months after the date of your post-retirement marriage. You can find more information about benefits changes based on a marriage after retirement by going to the Life Events webpage on Marriage/Divorce. You can also contact OPM Retirement Services to talk about the specifics of your case.

OPM has established websites containing helpful information about each program. Here are the links: o Federal Employees Health Benefits Program (FEHB): http://www.opm.gov/insure/health/index.asp o Federal Employee Dental and Vision Insurance Program (FEDVIP): http://www.opm.gov/insure/dental/index.asp, http://www.opm.gov/insure/vision/index.asp o Federal Long Term Care Insurance Program (FLTCIP): http://www.opm.gov/insure/ltc/index.asp o Federal Employees’ Group Life Insurance (FEGLI) Program: http://www.opm.gov/insure/life/index.asp · Federal Leave Policy: http://www.opm.gov/oca/leave/ o Federal Retirement and Survivor Benefits: http://www.opm.gov/retire/index.aspx o Federal Childcare Subsidy Program: http://www.opm.gov/employment_and_benefits/worklife/ o Employee Assistance Programs: http://www.opm.gov/employment_and_benefits/worklife/ o Federal Flexible Spending Account Program (FSAFEDS): www.fsafeds.com (Note that FSAFEDS is the Federal employee application of a law that applies to taxpayers, generally, and there is no separate statutory provision for Federal employees in particular.)

Same-sex couples who are in a civil union or other forms of domestic partnership other than marriage are ineligible for most benefits. There are two big exceptions. The Federal Long-Term Care Insurance Program (FLTCIP) allows those individuals who satisfy the same-sex domestic partnership standard to be treated as qualifying relatives for Federal employees and annuitants. Also, employees may elect at retirement an insurable interest annuity for anyone, including domestic partners or partners to a civil union, as long as they can show they are in good health and the people designated for this benefit can show that they have an insurable interest in the continued life of the employee. An insurable interest annuity is a different survivor benefit from a spousal survivor annuity benefit, so be aware that an insurable interest annuity provides a different level of benefits than a survivor annuity for a legal spouse. Please note that information regarding eligibility for benefits can change, and you should consult the web pages of the individual benefits programs for the most current information. In addition, please note that travel and relocation benefits available to same-sex domestic partners are outside of Title 5 and are administered by the General Services Administration, not the Office of Personnel Management.

Because the individuals for whom an employee can provide care under the Family and Medical Leave Act (FMLA) are specified in statute, an employee may take FMLA leave only to care for spouses, sons and daughters under 18 or over 18 but incapable of self care because of a mental or physical disability, and parents. Employees may take FMLA leave for the care of sons and daughters of their same-sex domestic partner. See Compensation Policy Memorandum (CPM) 2010-15, Interpretation of “Son or Daughter” Under the Family and Medical Leave Act, August 31, 2010 (http://www.chcoc.gov/Transmittals/TransmittalDetails.aspx?TransmittalID=3122).

Generally, agencies may choose whether or not to require employees to provide documentation (such as a sworn affidavit) to establish the existence of a domestic partnership with respect to specific benefits. In determining whether to require documentation, however, agencies must consider whether a similar requirement is imposed upon opposite-sex spouses, consistent with the President’s intention that same-sex domestic partners be treated in the same manner as opposite-sex spouses for purposes of these benefits, to the extent permitted by law. With respect to certain benefits, however, documentation is required by regulation. For example, 5 CFR § 875.213 states that, for the purpose of the Federal Long Term Care Insurance Program, and as prescribed by OPM, domestic partners “will be required to provide documentation to demonstrate that you meet these requirements.”