On July 21, 2014, President Barack Obama signed an executive order protecting employees of federal contractors and the federal government from sexual orientation and gender identity discrimination. The text of the executive order is available here.
With the
Employment Non-Discrimination Act having stalled in Congress
for now, there is currently no federal statute protecting all
employees from sexual orientation and gender identity
discrimination. President Obama's executive order fills this
void somewhat by covering employees of federal contractors, roughly
one fifth of the United States workforce, and employees of the
federal government.
The executive order amends two orders issued by previous
administrations. President Lyndon B. Johnson banned discrimination
by federal contractors based on race, color, religion, sex, or
national origin with executive order 11246. President George W.
Bush later amended executive order 11246 to permit contractors with
religious affiliations to prefer workers of their own faith for
religious positions. Executive order 11478, signed by President
Richard Nixon and later amended by President William Clinton,
banned discrimination by the federal government based on race,
color, religion, sex, national origin, handicap, age, or sexual
orientation.
President Obama's executive order amends these prior orders to
include a prohibition on sexual orientation and gender identity
discrimination. Importantly, the executive order does not include
any additional carve outs or exemptions for federal contractors
with religious affiliations, as some religious leaders had
requested. It does, however, leave intact the limited exemption for
religiously affiliated federal contractors ordered by President
George W. Bush.
The executive order requires the Secretary of Labor to prepare
regulations implementing the provisions covering federal
contractors by October 19, 2014. Check this blog regularly for any
updates on the regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
