We have updates about: 1) ATR’s great new breastfeeding policy, 2) DOJ GEN’s component survey, abortion-related developments, 3) two new reports on gender dynamics in federal government leadership, 4) our tracking of component FWO policies, 5) an upcoming diversity program, 6) an OIG report on sexual misconduct at BOP, and 7) FEHB coverage of gender-affirming care and ART.

ATR’s amazing new parent policy! 

This week, the Antitrust Division implemented a directive—we think the first of its kind at DOJ—that authorizes the coverage of breastfeeding, nursing, and/or pumping expenses for employees on official travel. Specifically, ATR will reimburse (a) transportation and per diem expenses incurred by a spouse, family member, nanny or other attendant accompanying the traveling employee so they can watch the child; (b) additional baggage fees related to feeding; (c) shipping expenses for milk and related products; (d) early check-in or late check-out fees; and (e) additional lodging expenses related to feeding, such as renting a microwave or mini-fridge for a hotel room.

Is there any reason why, like, every component can’t do this? There’s not! In fact, the federal travel regs state that agencies must provide reasonable accommodations to traveling employees with special needs by paying for necessary expenses, and JMD has confirmed that breastfeeding, nursing, and pumping each qualifies as a “clearly visible and discernible special need” under the relevant regs.

We’re finalizing a template letter that DOJ GEN members (or anyone!) can use to urge their leadership to provide these critical accommodations; we’ll be in touch about this soon. Melanie Krebs-Pilotti, who worked for years (literally!) to convince ATR to take this step, can answer any questions you have.  

DOJ GEN’s component tracking project

As mentioned in the last updates email, we launched a project to track components’ commitment to gender equity and equality, focusing on their policies on sexual misconduct, flexible work options, family-friendly accommodations, gender diversity in leadership, and pay equity. We sent every DOJ component the survey, but only a handful returned it by the deadline. We’ve pinged them again but don’t count on getting many more responses. As a next step, we plan to crowd-source the membership for the information. We’ll send you the survey soon. After we gather the data, we’ll send it to components and provide them with an opportunity to correct it. Stay tuned!

Abortion-related updates

President Biden released his FY 2024 budget this month and it has a lot of great stuff for feds that you can read about here. But despite our advocacy (see our letter to the President and op-ed), it includes the same abortion coverage ban for federal employee health benefit plans. DOJ GEN is devising an advocacy strategy to take to Congress as it develops a budget resolution.

Also, the Defense Department recently implemented new policies that provide fully paid travel expenses for troops who have to go out of state to obtain abortion care, and up to three weeks of leave for troops to obtain an abortion or fertility treatments, or accompany a dependent or spouse. This is an incredible step. We’ll let you know whether DOJ, or the Administration more widely, adopts DOJ GEN’s request for similar accommodations for civil servants.

Two new interesting reports on gender dynamics in federal service

The EEOC just released a report that examines inequities based on gender, race, national origin, and disability that persist in the federal workforce. EEOC found that “men disproportionately held GS-11 through SES and senior pay positions (59.5%), as well as SES and senior pay alone positions (57.5%) . . . .  By comparison, women accounted for only 40.5% of GS-11 through SES and senior pay positions, and 42.5% of SES and senior pay alone positions.”  Federal News Network reported on the findings and included a quote from DOJ GEN.

The Partnership for Public Service also recently issued a fascinating report on gender and racial dynamics in federal government leadership. The report described three top barriers to reducing “racial and gender disparities in federal leadership: stereotypes about who makes a good leader and what good leadership looks like; a ‘double-paned’ glass ceiling that holds back women and diverse groups from career advancement; and a lack of mentorship or professional development for these groups.”

Components pulling back on flexible work options

We’ve been hearing that some component have pulled back, or plan to pull back, flexible work option, including telework. To help our tracking efforts, if your component is one of them, please email Crista Colvin at cmcolvin[AT]bop.gov. You can also read here about how OPM Director Kiran Ahuja defended telework before Congress, where she touted the “positive impact workplace flexibilities have on areas such as productivity, engagement and diversifying the talent pool.”

Upcoming diversity program  

On April 10, 2023 at noon ET, the U.S. Attorney’s Office for the District of Columbia and DOJABA will co-host a virtual panel discussion about the importance of diversity within DOJ’s trial attorney and prosecutor community and how DOJ attorneys can promote fairness and equity. Guest speakers will include Assistant Attorney General for the Civil Rights Division Kristen Clarke, Assistant Attorney General for the Criminal Division Kenneth Polite, and U.S. Attorney Matthew Graves.

New OIG report on sexual misconduct at BOP

Last month, OIG issued a report finding that BOP must to do more to address systemic inmate-on-staff sexual misconduct. One of OIG’s nine recommendations is that BOP conduct regulation risk assessments about incidents of sexual misconduct, with an emphasis on risks for women who work at the Bureau. You can read the report and BOP’s response here.

Good news on coverage of gender-affirming care and ART

On March 1, 2023, OPM sent its annual “call letter” to federal employee health insurance providers, in which it urged providers to keep gender-affirming medical care in their FEHB plans. OPM also said it’s now requiring providers to cover all forms of artificial insemination and drugs associated with it, along with IVF-related drugs for three cycles annually; that’s further than OPM has gone in the past.