OHR's proposal: Nothing in this chapter shall require an agency of the District of Columbia to classify, house, or provide access to gender-specific facilities to transgender individuals according to their gender identity or expression if the transgender individual is incarcerated, institutionalized, or otherwise within the District’s custody. A district agency may make reasonable inquiry to determine whether an individual in custody is transgender. (proposed as 801.3, after 801.2)
OHR's proposal: Classification and assignment for transgender individuals within District government custody shall be based on, among other things, the safety and security of the transgender individual, the needs of the facility, and the safety and security of the other individual in the facility to which the transgender person is assigned. (proposed as 801.4)
Rule OHR is proposing to remove: All entities covered under the Act with single-occupancy restroom facilities shall use gender-neutral signage for those facilities (for example, by replacing signs that indicate “Men” and “Women” with signs that say “Restroom”.