LGBT Executive Order 13672 (11246)(11478) Federal Contractor EEO

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    Oct 22, 2014 5:59 AM GMT
    Just to clarify for everyone how LGBT federal contractors are now protected, it appears the EEOC has made the decision that discrimination based on "sex" is an all inclusive word, "sex" includes sexual orientation and gender identity, along with female, male genders. It was the Office Of Contract Compliance (who enforce EO 11246 for contractors) that needed "clarification" about transgender, gender ID coverage. So it appears, this agency, that works in tandem with EEOC issued a separate 'directive' that explains gender identity coverage under "sex" and "gender" in Title VII, but does not mention sexual orientation in the directive. It appears that the EEOC has updated their definition of sex based discrimination to include LGBT. Therefore, any LGBT discrimination complaint with OFCCP or EEOC would be a "sex discrimination" complaint. (so that they don't have to change forms?)
    IMPORTANT TO KNOW: I assume the EEOC definition to include LGBT ONLY applies to federal contractors or private companies with existing LGBT policies, city ordinances..etc, at least at this point, until the full ENDA is passed for everyone.

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    EEOC Sex-Based Discrimination
    http://www.eeoc.gov/laws/types/sex.cfm

    Discrimination against an individual because that person is transgender is discrimination because of sex in violation of Title VII. This is also known as gender identity discrimination. In addition, lesbian, gay, and bisexual individuals may bring sex discrimination claims. These may include, for example, allegations of sexual harassment or other kinds of sex discrimination, such as adverse actions taken because of the person's non-conformance with sex-stereotypes.

    The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

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    OFCCP’s Newest Directive: Gender Identity and Sex Discrimination
    http://blog.ogletreedeakins.com/ofccps-newest-directive-gender-identity-and-sex-discrimination/
    http://www.laborandemploymentlawcounsel.com/2014/08/federal-contractors-take-note-ofccp-clarifies-existing-policy-gender-identity-and-transgender-discrimination-is-sex-discrimination/

    Office of Federal Contract Compliance Programs (OFCCP)
    DIRECTIVE (DIR) 2014-02
    http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_02.html

    Unlike Executive Order 13672, the directive does not address gender identity as a “stand-alone protected category” and does not mention protections for “sexual orientation.”
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    Oct 22, 2014 4:23 PM GMT
    This is all fine and well, but the EEOC's decision goes against a substantial body of caselaw holding that "sex" does not include gays and lesbians for purposes of anti-discrimination laws. It'll be interesting to see how this fares when challenged, as it surely will be.
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    Oct 22, 2014 6:07 PM GMT
    MGINSD saidThis is all fine and well, but the EEOC's decision goes against a substantial body of caselaw holding that "sex" does not include gays and lesbians for purposes of anti-discrimination laws. It'll be interesting to see how this fares when challenged, as it surely will be.



    I would imagine that could happen since this is setting a precedent, at least for federal contractors, the federal government has offered sexual orientation employment protections only, since president Clinton made them in the 90's, EO 11478, as president Obama already stated, these protection laws are being expanded, so it is possible there is some already made case law in the federal government regarding sexual orientation discrimination complaints to reference in the last 20 years or so

    I assume the EEOC put LGBT under- sex- category so that they wouldn't have to change the existing complaint forms saving the government millions, (or they are just lazy or waiting to pass ENDA) I personally would like to have seen LGBTQ as a new anti discrimination stand alone category for easier transition into new and old case law. It will still work though with Sex-based discrimination being the "Title" and LGBT being a "sub category" under it. It is important for LGBT folks to know where to find the written language, as a sub category of Sex discrimination, it maybe harder to find than its own topic