OFCCP Announces Final Rule on Sexual Orientation and Gender Identity

On Dec. 3, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced final regulations implementing Executive Order 13672 (EO).  The EO prohibits federal contractors with contracts of $10,000 or more, and their subcontractors, from engaging in employment discrimination on the bases of sexual orientation or gender identity. The final rule will take effect 120 days after it is published in the Federal Register and will apply to federal contracts entered into or modified on or after that date. The EO was signed by President Obama on July 21, 2014.  It requires federal contracting agencies to include “sexual orientation” and “gender identity” as prohibited bases of discrimination under the Equal Opportunity Clause mandated by Executive Order 11246.  The final rule solidifies this requirement, but does not require contractors to collect any information about applicants’ or employees’ sexual orientation or gender identity. All employers, whether engaged in government contracting or not, should note that both the OFCCP and the EEOC had already adopted the position that discrimination on the basis of gender identity or transgender status is a form of sex discrimination prohibited by Executive Order 11246 and Title VII of the Civil Rights Act of 1964. For more information on the OFCCP’s new final rule, visit www.dol.gov/ofccp/LGBT.