.Purpose

Policy

Background

Release Date:

December 15, 2022

Definitions

Requirements

Verification Docs

CIVIL RIGHTS

Sexual Orientation, Gender Identity, and Expression Policy

Purpose

(X ) To release a new policy

(   ) To release a new form

(   ) To convert existing policy to new writing style only – No concept changes

(   ) Revision of existing policy and/or form(s).

Policy

In accordance with California Department of Public Social Services (CDSS) Division 21 regulations and applicable State and Federal laws and regulations, the Department of Public Social Services (DPSS) must make every effort to provide all persons equal access to its programs and services.

 

This policy is designed to provide all DPSS staff with information and guidance to promote an inclusive environment for DPSS’ Lesbian, Gay, Bisexual, Transgender, Queer and Questioning (LGBTQ+) customers across Sexual Orientation, Gender Identity, and Expression (SOGIE).  For example, DPSS recognizes the need to include gender inclusive language; this means allowing people to more broadly express how they self-identify.   This includes our continuing obligation to be in compliance with civil rights law and treat all customers with respect regardless of SOGIE.  In addition, this policy will enforce the Department’s greeting protocols and provide instructions to staff on addressing customers by their chosen name and/or personal pronouns, and steps for updating the California Statewide Automated Welfare System (CalSAWS) and Case Management Information Payrolling System (CMIPS) II when customers report a name and/or gender change.

 

We must acknowledge, expand, and reaffirm all identities so that all of our customers feel recognized and represented at DPSS.  Research suggests that something that may appear simple, such as filling out an application form, can trigger traumatic and hurtful experiences for customers that do not identify with the existing gender identity markers.  Therefore, the Department is taking a holistic approach when making eligibility determinations or assisting customers.  Staff must always consider the information shared by the customer to provide appropriate referrals and resources.

 

Non-Discrimination Statement

 

DPSS is committed to providing equal and meaningful access to all individuals applying for or receiving DPSS administered programs; the Department does not discriminate against customers that identify as LGBTQ+.

 

DPSS will not tolerate mistreatment, discrimination and/or harassment of individuals who identify as LGBTQ+.  Staff must ensure that they apply policies equally to all customers regardless of SOGIE.

 

The Department acknowledges the need to address barriers for customers who are LGBTQ+ and how they may be inclined to opt-out of utilizing public assistance if they believe they will be mistreated, disrespected, or discriminated against.  It is the Department’s intent to deliver services with the utmost respect, integrity, and care regardless of SOGIE. 

 

This policy protects the rights of customers to be free from discrimination, sexual harassment, unlawful harassment, retaliation, or inappropriate conduct from others based on their protected status, including perceived status and/or their association with someone based on their protected status.

 

Barriers Faced by LGBTQ+ Community

 

LGBTQ+ individuals often face disparities in access to services resulting from societal stigma and discrimination.  Experiences of violence and victimization are frequent for LGBTQ+ individuals and have long-lasting effects on the individual and the community.  Personal, family, and social acceptance of sexual orientation and gender identity affects the mental health and personal safety of LGBTQ+ individuals. LGBTQ+ individuals who are immigrants or have limited English proficiency are especially vulnerable in securing access to benefits.  Many individuals who need social services often forgo them out of fear and distrust of the system.

 

This policy provides a clear directive that removes barriers and allows for services to be based on one’s self-identification and reaffirming that DPSS is a safe, welcoming, and inclusive environment.

 

Confidentiality and Privacy

 

As with all DPSS cases, access to confidential information is restricted to authorized employees for county business-related purposes.  Staff must maintain confidentiality at all times, particularly in public areas such as reception and interview areas.  Staff must not disclose information regarding Sexual Orientation and Gender Identity (SOGI) with anyone unless there is a business-related purpose.  Customers may convey hesitancy when providing responses to SOGI questions due to concerns about confidentiality, discrimination, and the potential of being “outed.”  When disclosure is required or appropriate, the information disclosed should be limited to that which is necessary to achieve the specific beneficial purpose.  For example, making an appropriate referral for housing.

 

Inclusive Office Spaces

 

Public Restrooms

 

Safe bathroom access is provided for all customers regardless of SOGIE.  All customers have the right to use a restroom that is appropriate and convenient.  All DPSS customers, including transgender and gender nonconforming customers, are permitted to use the bathroom that best matches their gender identity.  Staff must not ask customers for proof of any medical procedure in order to access facilities designated for use by a particular gender.  DPSS complies with Assembly Bill 1732 requirements and provides all-gender single user restrooms when available at DPSS facilities.

 

Note:  All new office acquisitions will include all gender-inclusive restrooms for customers.

 

Personal Pronouns

 

This policy encourages staff to share their personal pronouns with customers, especially when meeting them for the first time to avoid assumptions about gender.  Sharing personal pronouns is the best way to inspire others to share their pronouns and help make customers feel more comfortable to share their pronouns.  Although customers may be encouraged to share their personal pronouns, they are not required do so.

 

Staff must refrain from using gendered honorific terms such as Sir, Ma’am, Mr., Ms., and Mrs., when the personal pronouns of the customer are unknown.  Assuming personal pronouns based on appearance or voice can lead to discrimination based on gender identity and/or gender expression.  The assumption of someone’s pronouns is not acceptable as this reinforces traditional expectations or ideas that people must “look” or “sound” a certain way to demonstrate their gender.

 

Using a person’s self-identified pronouns communicates respect and inclusivity.  If a customer shares their personal pronouns or that they wish to be referred to as Sir, Ma’am, Mx. (pronounced mix), etc., staff may address them in this manner.  It is also important to remember that some customers may use multiple pronouns.  Staff must always use a customer’s chosen name and pronouns when addressing them unless the customer has shared otherwise.  When a person’s pronouns are unknown, staff should use gender-inclusive language such as, “they/them” or “the customer,” instead of “he/she.”  Staff should reference the Procedures Section in this policy to obtain additional information on where chosen names and personal pronouns will be stored in CalSAWS and CMIPS II.

 

Note:  This is not about sharing gender or private information; this is only asking for one’s pronouns, as pronouns are how we typically refer to people.

 

 Sexual Orientation Gender Identity (SOGI) Data Collection

 

Customers are not required to provide information on SOGI.  However, customers may choose to voluntarily share SOGI information with staff.  Also, customers have the option of completing the CW 2223, Demographic Questionnaire For CalWORKs, Refugee Cash Assistance (RCA), Entrance Cash Assistance (ECA), Trafficking and Crime Victims Assistance Program (TCVAP) and CalFresh Programs.

 

SOGI information is captured for Medi-Cal when a customer applies via BenefitsCal or CoveredCA.

 

Note:  The acronym SOGI (not SOGIE) is used in reference to data collection.  There is currently no method for capturing data on Gender Expression.

 

Background

California Government Code (GOV) 11135 prohibits discrimination on the basis of sex or sexual orientation under any program or activity that is conducted, operated, or administered by the State or by any State agency, is funded directly by the State, or receives any financial assistance from the State.  The definition of sex includes gender identity and gender expressions. GOV 12926(r)(2).

 

As a result of Assembly Bill (AB) 959 (Chapter 565, Statutes of 2015), the Lesbian,

Gay, Bisexual, and Transgender Disparities Reduction Act requires four State departments - Public Health, Social Services, Health Care Services, and Aging to request voluntary self-identification data on SOGI.  The intent of gathering this data is to understand the full diversity of State program applicants/participants and improve social services.  The data collection on LGBTQ+ communities is crucial to informing policy decisions and addressing the unique needs and barriers of these communities.

 

Senate Bill (SB) 179 (Chapter 853, Statues of 2017), the Gender Recognition Act, non‑binary is recognized as a third gender option on identification documents issued by the State, including birth certificates, driver licenses, and identification cards.  SB 179 is separate, but related to AB 959, and the CW 2223 includes an option for applicants/participants to select non-binary as a response for gender identity.

 

 

Definitions

Source – Human Rights Campaign (Glossary of Terms)

 

Term

Description

Ally

Someone who is actively supportive of LGBTQ+ people.  It encompasses straight and cisgender allies, as well as those within the LGBTQ+ community who support each other (e.g., a lesbian who is an ally to the bisexual community).

Androgynous

A gender expression that has both masculine and feminine elements.

Asexual

Asexual refers to a complete or partial lack of sexual attraction or lack of interest in sexual activity with others.  Asexuality exists on a spectrum, and asexual people may experience no, little or conditional sexual attraction.

Biphobia

The fear and hatred of, or discomfort with, people who love and are sexually attracted to more than one gender.

Bisexual

A person emotionally, romantically, or sexually attracted to more than one sex, gender, or gender identity, though not necessarily simultaneously, in the same way or the same degree.

Cisgender

An individual whose gender identity aligns with the sex they were assigned at birth.

Coming Out

The process in which a person first acknowledges, accepts, and appreciates their sexual orientation or gender identity and begins to share that with others.

Deadnaming

The use of the birth or other former name (e.g., “dead” name of a transgender or non-binary person) without the person’s consent.

Female

Sex that is designated at birth based on genetic, hormonal, anatomical, and physiological characteristics (e.g., XX chromosomes).

Gay

A person who is emotionally, romantically, or sexually attracted to members of the same gender.  Men, women, and non-binary people may use this term to describe themselves.

Gender

“Gender” means sex, and includes a person’s gender identity and gender expression. 

Gender Binary

A system in which gender is constructed into two strict categories of male or female.  In this system, gender identity is expected to align with the sex assigned at birth and gender expressions and roles fit traditional expectations.

Gender Expression

External appearance of one’s gender identity, usually expressed through behavior, clothing, body characteristics or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.

Gender-Fluid

A person who does not identify with a single fixed gender or has fluid or unfixed gender identity.

Gender Identity

One’s innermost concept of self as male, female, a blend of both or neither; how individuals perceive themselves and what they call themselves.  For transgender people, their own internal gender identity does not match the sex they were assigned at birth.

Gender Inclusive or Gender-Neutral Language

Gender inclusive or gender-neutral language is language that avoids bias towards a particular sex or gender.  In English, this includes use of nouns that are not gender-specific to refer to roles or professions.  Gendered language may exclude individuals who identify as non-binary.  Gender inclusive or gender-neutral language also refers to language that rejects the idea of a gender binary, which is the notion that all people identify as either male or female.

Heterosexual/Straight

Feeling romantic, emotional, and sexual attraction to a person of the opposite gender.

Intersex

People born with a variety of differences in their sex traits and reproductive anatomy.  For example, differences in external and/or internal genitalia that vary from typical male or female genitalia, or a chromosomal pattern that varies from XX (female) or XY (male).

Lesbian

A woman who is emotionally, romantically, or sexually attracted to other women.  Women and non-binary people may use this term to describe themselves.

Male

Sex that is designated at birth based on genetic, hormonal, anatomical, and physiological characteristics (e.g., XY chromosomes).

Misgendering

Referring to someone especially a transgender person using a word, particularly a pronoun or form of address, that does not correctly reflect the gender with which they identify.

Non-Binary

A person whose gender identity falls outside the categories of man or woman (falls outside the gender binary).  While many non-binary people also identify as transgender, not all do. Non-binary can also be used as an umbrella term encompassing identities such as agender, bigender, genderqueer or gender-fluid.  The gender marker for non-binary on legal documents (such as birth certificates and driver’s licenses) is “X.”

Outing

Exposing someone’s sexual orientation and/or gender identity to others without their permission.  Outing someone can have serious repercussions on employment, economic stability, personal safety, and/or religious or family situations.

Pangender

A gender identity not limited to one gender.  A person with this identity may feel their identity encompasses all possible genders.

Pansexual

Describes someone who has the potential for emotional, romantic, or sexual attraction to people of any gender though not necessarily simultaneously, in the same way, or to the same degree.

Personal Pronouns

Personal pronouns describe how a person wants to be referred to in the singular third person.  Usually, using “they/them” pronouns when a person’s pronouns are unknown is acceptable.  Many people go by the pronoun sets “he/him” or “she/her.”

Queer

An individual’s emotional, romantic, and sexual attraction that falls under a spectrum of orientations that are counter to the mainstream, including those who do not identify as exclusively straight or heterosexual.  This term was previously used as a slur,  but has been reclaimed by many parts of the LGBTQ+ movement. 

 

Note:  This word should only be used when self-identifying or quoting someone.

 

Sex Assigned at Birth

The sex, male, female or intersex, that a doctor or midwife uses to describe a child at birth based on their external anatomy.

Sexual Orientation

How a person characterizes their sexual and emotional attraction to others.  A person’s romantic and/or emotional attraction to, and/or intimate relations with, individuals as of a different gender, the same gender, no gender, or more than one gender.  A person’s understanding of their sexual orientation may change.

Transgender

An umbrella term for people whose gender identity and/or expression is different from cultural expectations based on the sex they were assigned at birth.  Being transgender does not imply any specific sexual orientation; transgender people may identify as straight, gay, lesbian, bisexual, etc.

Transitioning

A series of processes that some transgender people may undergo in order to live more fully as their true gender.  This may include a social transition, such as changing their name and pronouns, medical transition, which may include hormone therapy or gender affirming surgeries, and legal transition, which may include changing their legal name and sex on government identity documents.  Transgender people may choose to undergo some, all, or none of these processes.

Two-Spirit

A Two-Spirit person is a male-bodied or female-bodied person with a masculine or feminine essence.  Two Spirits can cross social gender roles, gender expression, and sexual orientation.  Within most tribes there is a term, in their language, to describe a Two-Spirit person.

 

 

Requirements

The following requirements must be followed as they relate to customers reporting a name change and/or gender marker change:

 

Requirement

Limit/Condition

Declaration of Name Change

Customers may report a new legal name and request a name change update to their case at any time.

 

Reasons for a customer to request a name change:

 

1)    Changing name to reflect gender identity;

2)    Gets married and has changed their legal name; and

3)    Becomes a United States citizen and has changed their legal name.

 

Note:  This list is not exhaustive, and staff must not ask a customer, “Why are you changing your name?”

 

Information provided by the customer about a legal name change must be entered in the case record correctly to ensure customers are appropriately addressed by their new name.  Staff should follow the Procedures Section (Case Worker Responsibilities) outlined in this release for instructions on updating CalSAWS and/or CMIPS II with this information.

Declaration of Chosen Name and Personal Pronouns

Customers may report chosen names and personal pronouns

 

1)    DPSS staff must acknowledge and confirm the customer’s chosen name and personal pronouns.  Staff must use the customer’s chosen name and personal pronouns for all interactions.  Refer to the Procedures Section in this release for instructions on documenting a new chosen name and personal pronouns.

 

Declaration of Gender Marker Change

Customers may report a legal change of their gender marker and provide verification.  Gender marker changes must be updated on the case record accurately to avoid any possibility of misgendering customers.

 

Note:  Customers may report a name change and gender marker change simultaneously.

 

 

Eligibility staff are required to update SOGI information provided by customers.  Staff should follow existing procedures regarding the use of the CW 2223.  The CW 2223 must be provided with the following forms at Intake, Redetermination, Recertification, and Annual Assessment, whether the application is completed by telephone, online, or in-person:

 

Program

Form

CalWORKs and Public Assistance CalFresh (RCA, TCVAP)

a.    SAWS 2 PLUS, Application for CalFresh, Cash Aid, and/or Medi‑Cal/Health Care Program.

Non-Assistance CalFresh

a.    CF 285, Application for CalFresh Benefits; and

b.    CF 37, Certification for CalFresh Benefits.

General Relief

a.    SAWS 2 PLUS;

b.    GR 20, General Relief Application; and

c.    ABP 898-16, GR Annual Agreement (AA).

 

All customers who elect to disclose SOGI information should be given the CW 2223 to complete on their own, unless they request assistance.

 

Cash Assistance Program for Immigrants

 

If a customer applies for Cash Assistance Program for Immigrants (CAPI) only, the SOC 814, Statement of Facts CAPI must be provided instead of the CW 2223.   The SOC 814 is updated to include optional SOGI questions that are on the CW 2223.

 

Program

Form

CAPI

a.    SOC 814, Statement of Facts Cash Assistance Program for Immigrants; and

b.    SOC 804, Statement of Facts for Determining Continuing Eligibility.

 

 

Medi-Cal

 

The CW 2223 is not required for Medi-Cal.  However, all staff must correctly update the case record with information pertaining to SOGI when reported by a customer. Staff must follow procedures outlined in this policy when a customer reports a name change and/or gender marker change.  Staff must refer to the customer by their chosen name and pronouns.

 

Note:  SOGI information is captured for Medi-Cal when a customer applies via CoveredCA and/or BenefitsCal.

 

In-Home Supportive Services

 

The SOC 295, Application for In-Home Supportive Services (IHSS) (6/18) currently includes a section pertaining to SOGI.  Staff are required to ask the customer for the SOGI information requested on the SOC 295; however, customers are not required to provide responses.

Verification Documents

Customers may share a chosen name and/or personal pronouns at any point and no verification is required to record this information.  Instructions on how to record this information is outlined in the Procedures Section of this release.

 

Description

Acceptable Documents

Declaration of Name Change

Below are possible verifications that may be provided when a customer reports a name change, this is not an exhaustive list:

 

Name Change with Documentation:

 

a.       Signed Court Order

b.       Birth Certificate

c.       DMV Driver’s License/Identification

d.       US Passport

e.       Social Security Card

 

If a customer does not have a Social Security Number (SSN), staff can utilize the name on the birth certificate or other documentation, such as:  US Passport, Consulate Card, Identification Card, or any other approved/acceptable identification.

 

Note:  “Legal Name” as defined by the Department of Homeland Security is the name which can be accepted by Federal agencies for official purposes, is the “individual’s first name, middle name(s), and last name or surname, without use of initials or nicknames.”  6CFR 37.1, 37.3

 

A chosen name is the name a customer wishes to be known by at DPSS, which is different from a customer’s legal name.

 

If a customer reports a name change without documentation, then no further verification is needed.   Staff must refer to the Procedures Section included in this release for further instructions.

 

Declaration of Gender Marker Change

Gender Marker with Documentation:

 

a.       Signed Court Order

b.       Birth Certificate

c.       DMV Driver’s License/Identification

d.       US Passport

 

Note:  Staff should be aware that verification in the form of an amended birth certificate is not available after a gender marker change.  In these cases, the original birth certification is sealed, and a new birth certificate is issued.