OFCCP Posts Directory Of Resources to Assist in Compliance with New LGBT Regulations
By Cynthia L. Hackerott, J.D.
In response to federal contractor requests, the OFCCP has created a non-exhaustive directory of organizations and other entities that offer resources and guidance to employers around issues related to creating an inclusive workplace for lesbian, gay, bisexual, and transgender (LGBT) employees. These resources are intended to assist federal contractors in complying with a final rule published last December on regulations to implement an executive order (EO) banning discrimination against LGBT workers by federal contractors. The new directory is on the OFCCP website at http://www.dol.gov/ofccp/LGBT/LGBT_resources.html.
EO 13672, issued on July 21, 2014, amends the existing EO 11246 to add sexual orientation and gender identity to the list of categories of federal contractor employees protected from discrimination and also to the list of categories of employees in regard to which covered federal contractors must take affirmative action to ensure equal employment opportunity.
The OFCCP announced a final rule to implement EO 13672 on December 3, 2014, and published it in the Federal Register on December 9 (79 FR 72985-72995). The rule is scheduled to take effect on April 8, 2015, and will apply to federal contractors who hold contracts entered into or modified on or after that date. It revises the OFCCP’s regulations at 41 CFR Parts 60-1, 60-2, 60-4, and 60-50. The revised regulations do not require contractors to conduct any data analysis with respect to the sexual orientation or gender identity of their applicants or employees and it does not require contractors to collect any information about applicants’ or employees’ sexual orientation or gender identity. However, it does not prohibit contractors from asking applicants and employees to voluntarily provide this information, although doing so may be prohibited by state or local law. In any event, the rule prohibits contractors from using any information gathered to discriminate against an applicant or employee based on sexual orientation or gender identity.
The new directory posted on the OFCCP website includes information from both the public and private sectors and will be updated periodically. While guidance developed by federal agencies for public sector use may not have direct applicability to private sector employers, some employers may still find it informative, the agency notes.
Reposted with permission from Wolters Kluwer.
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