ARTICLE
21 August 2014

Labor Department Adds Gender Identity And Transgender Status To Prohibition On Sex Discrimination

M
Mintz

Contributor

Mintz is a litigation powerhouse and business accelerator serving leaders in life sciences, private equity, sustainable energy, and technology. The world’s most innovative companies trust Mintz to provide expert advice, protect and monetize their IP, negotiate deals, source financing, and solve complex legal challenges. The firm has over 600 attorneys across offices in Boston, Los Angeles, Miami, New York, Washington, DC, San Francisco, San Diego, and Toronto.
On August 19, 2014, the Department of Labor’s Office of Federal Contractor Compliance Programs issued a directive advising that it will consider cases of discrimination.
United States Employment and HR
Mintz are most popular:
  • within Strategy and Real Estate and Construction topic(s)

On August 19, 2014, the Department of Labor's Office of Federal Contractor Compliance Programs issued a directive advising that it will consider cases of discrimination based upon gender identity and transgender status to be violations of Title VII of the Civil Rights Act and Executive Order 11246 (which prohibits employment discrimination by federal contractors). According to the guidance, "disparate treatment of a transgender employee because he or she does not conform to the gender stereotypes associated with his or her biological sex is a form of sex discrimination." This policy takes effect immediately and does not require any additional rulemaking as it is merely an interpretive ruling under existing regulations.

This recent publication is in addition to the rulemaking that will be initiated to implement Executive Order 13672, issued July 21, 2014, which amends Executive Order 11246 to prohibit federal contractors from discriminating against employees and applicants on the basis of sexual orientation or gender identity, in addition to race, sex, religion and national origin. Executive Order 13672 requires new regulations, which the Department of Labor is directed to publish in October. It will apply to contracts and contract modifications issued after the effective date of the amended 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.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More