About two weeks left, to go live in-effect, on new or modified contracts. The Department Of Defense has chosen not to include, the words sexual orientation or gender identity in its controlling document FAR 52.222.26. Subpart 22.8. It appears they have opted to reference the Office of Federal Contract Compliance Program document-final rule 41 CFR-60 instead, http://www.dol.gov/dol/cfr/Title_41/Chapter_60.htm
. This is a bit concerning because future LGBT federal contractors might not know what 41 CFR-60 is (will be seen in contracts or purchase orders) and how it pertains to them and their employment protections. (that wont be specifically listed). I do not have an answer as to why the DoD has decided to skip out on the specific wording in their FAR. Maybe out of fear? Maybe they think LGBT people wont notice if the wording is not in their face thus avoiding complaints?
, at least any associated contractors unions will use the full wording in their separate union contracts.
Office of Federal Contract Compliance Programshttp://www.dol.gov/ofccp/regs/statutes/eo11246.htm
Executive Order 11246, As Amended
Subpart B - Contractors' Agreements
SEC. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions:
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.