Republican orders staff to wear clothes ‘consistent with their biological gender’ – or face sack

Sid Miller Texas Agriculture Commissioner

A Texas Republican commissioner has introduced a new dress code banning trans staff from dressing in a way that reflects their gender identity.

The Texas Department of Agriculture (TDA) has ordered its employees to wear clothes “consistent with their biological gender” to create a “comfortable” work environment.

The TDA sent out a memo regarding the new dress code on 13 April, with a copy being obtained by the Texas Observer.

The memorandum, signed by Sid Miller, Texas agriculture commissioner, reads: “Employees are expected to comply with this dress code in a manner consistent with their biological gender.

“Violation of this agency policy includes remedies up to and including termination.” 

It also states that supervisors “may exercise reasonable discretion in assessing appropriateness in employee attire and appearance”.

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Men are permitted to wear items such as “a long-sleeved dress shirt, tie, and sport coat worn with trousers and dress shoes or boots”, while “appropriate” women’s wear includes “tailored pantsuits, businesslike dresses, coordinated dressy separates worn with or without a blazer, and conservative, closed-toe shoes or boots”.

Brian Klosterboer, an attorney with the ACLU of Texas, told The Texas Tribune he believes the new dress code violates Title VII of the federal Civil Rights Act, which bans employment discrimination based on sexual orientation or gender identity.

“State agencies should be focused on doing their jobs and not discriminating against their own employees and trying to make political statements through their agency regulations,” Klosterboer said.

Ricardo Martinez, CEO of LGBTQ+ advocacy group Equality Texas, told the publication that the policy re-enforces gender stereotypes and will hurt all workers, whether trans or cisgender.

“Are women no longer allowed to wear suits? Can men wear necklaces?” he asked.

“While this policy was clearly designed to target transgender employees, it will have a negative impact on everyone.”

Miller has hit back at criticism of the policy, tweeting: “Dressing professionally and respectfully is about creating an appropriate and comfortable work environment for EVERYONE.

“This is common sense and common courtesy.”

In his tweet, Miller shared an article supporting his new dress code regulation, which includes the line: “Not everything is about transgenderism, as much as some would like us to believe that.”

Miller is a staunch supporter of indicted former president Donald Trump.

The restrictive dress code policy comes in the wake of rising anti-LGBTQ+ sentiment in the US, with hundreds of anti-LGBTQ+ bills introduced across state legislatures, mostly targeting trans people.

Independent reporter and activist Erin Reed has created a map that shows which states pose a legislative risk to trans people in the US, and highlights the places where trans and non-binary folks can currently live safely.