President Expands OFCCP Jurisdiction to Investigating Discrimination Based on Sexual Orientation and Gender Identity

by Genova Burns LLC
Contact

Effective immediately, federal contractors, including construction employers working on federally-funded construction projects, and federal government employers are prohibited from discriminating against applicants and employees based on sexual orientation and gender identity. On July 21, 2014, President Obama signed Executive Order 13672 which amends Executive Orders 11246 and 11478, the original Executive Orders mandating equal employment opportunities for women and minorities.

Executive Order 11246 as amended now prohibits federal contractors from discriminating in employment based upon sex, national origin and the newly added classifications of sexual orientation and gender identity. Federal contractors must now ensure that job applicants and employees are free from discrimination based on sexual orientation and gender identity, and must include a statement in all job postings that applicants will be considered regardless of sexual orientation and gender identity. Executive Order 11478 as amended now prohibits federal employers from discriminating in employment based on sexual orientation and gender identity.

Enforced by the Office of Federal Contract Compliance Programs (“OFCCP”), the new Executive Order requirements apply to all federal government contractors including construction contractors that hold federal contracts with a value of at least $10,000 in one year. The Executive Order applies to all covered contracts entered into on or after July 21, 2014. The Secretary of Labor will propose regulations to implement the new requirements in October 2014.

The new Executive Order does not expand the affirmative action requirements or programs that are required for the classifications of sex, national origin, disability and veteran status. Moreover, the new Executive Order does not exempt religious organizations from the new anti-discrimination mandates. However, the new Executive Order did not amend President Bush’s Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations) which provides in part that “[n]o organization should be discriminated against on the basis of religion or religious belief in the administration or distribution of Federal financial assistance under social service programs.” How the new Executive Order will be enforced against religious organizations, therefore, remains an open question and will be answered somewhat by the Labor Department’s proposed regulations.

Employers that are unsure as to whether the Executive Order applies to them should review coverage with legal counsel. Owing to these new requirements, federal contractors should review their policies, job postings and other hiring procedures to ensure they are in compliance. Non-compliant policies and postings should be revised immediately. Federal contractors should educate management, supervisors and their staffing and recruiting personnel regarding these new requirements to ensure they understand the wider scope of affirmative action requirements.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Genova Burns LLC | Attorney Advertising

Written by:

Genova Burns LLC
Contact
more
less

Genova Burns LLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.