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EEO-1 Component 2 Reporting Deadline (CLICK FOR HELP): EXPIRED

Quick Review on Updated LGBT Anti-Discrimination Law

Chris Lindholm

New Law Updates Affirmative Action Plans

On December 9, 2014 the updated regulations associated with anti-discrimination for LGBT in the workplace were posted. See link to the entire text in the Federal Register below in addition to summary notes to answer some of the fundamental questions.

Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity – Final Rule posted to Federal Register on December 9, 2014.

a. Link to Federal Register here: https://www.federalregister.gov/articles/2014/12/09/2014-28902/implementation-of-executive-order-13672-prohibiting-discrimination-based-on-sexual-orientation-and

b. On July 21, 2014, President Obama signed an executive order extending workplace protections to lesbian, gay, bisexual and transgender (LGBT) Americans in the federal contracting workforce. The Final Rule that impacts Affirmative Action was posted on December 9, 2014.

c. The implementation date is April 8, 2015. The Final Rule will be effective 120 days after its publication in the Federal Register, and will apply to covered contracts entered into or modified on or after that date.

d. There are no data collection or goals associated with this change. Self-ID forms will not be affected by the change.

e. Contractors must update the EO contract clause, job ad taglines, EEO poster. New poster reflecting these changes is not yet available

f. OFCCP will audit the requirements during a compliance review

g. Amends Executive Order 11246 to update text to include individual's employment status, on the basis of that person's race, color, religion, sex, sexual orientation, gender identity, or national origin.

h. Both Service & Supply and Construction contracts apply and must abide by the updated regulation

i. OFCCP will use Title VII analytical framework to determine if discrimination has occurred.

j. The regulations implementing 11246, as amended, do not define any of the protected classes of individuals and EO 13672 does not include definitions for “sexual orientation” and “gender identity.” Accordingly, the Final Rule does not include definitions of those terms. As a general matter, OFCCP utilizes the same definitions used by the Equal Employment Opportunity Commission and developed under Title VII case law.

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