Authored by Karen E. Milner
Dec 05, 2014
Today, Friday, Dec. 5, 2014, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued new regulations implementing Executive Order 13672 signed by President Obama in July of this year. Executive Order 13672 amends Executive Order 11246 to specifically prohibit federal contractor from discriminating against employees based on sexual orientation and gender identity. The new rule will require contractors to include “gender identity” and “sexual orientation” in their Equal Employment Opportunity clause and in their solicitations or advertisements for employees. Contractors will not be required to set placement goals on the bases of sexual orientation or gender identity, and will not be required to collect and analyze any data on these bases. While the final rule does not include definitions for “sexual orientation” and “gender identity,” the OFCCP will utilize the same definitions used by the Equal Employment Opportunity Commission (“EEOC”) and developed until Title VII case law. Of note, the rule does not make any changes to the existing religious exemption allowing religiously affiliated contractors to favor individuals of a particular religion when making certain employment decisions.
The rule will become effective 120 days from publication, on April 4, 2015, and will only apply to contracts entered into or modified on or after the effective date.
If you have any questions about Equal Employment Opportunity, Federal Contracts, Affirmative Action or any other employment matter, please do not hesitate to email Karen E. Milner.