OFCCP Issues Final Rule to Protect LGBT Workers in the Federal Contracting Workforce

On July 21, 2014, President Obama issued Executive Order 13672, amending Executive Order 11246, applicable to federal contractors and subcontractors, to add gender identity and sexual orientation to the categories protected by E.O. 11246.  On August 19, 2014, the Department of Labor, Office of Federal Contract Compliance Programs, issued a Directive to “clarify that OFCCP interprets federal contractor and subcontractor nondiscrimination obligations to include the protection of individuals on the bases of gender identity and transgender status.  Today, OFCCP published its final rule implementing E.O. 13672.  The rule will be effective on April 4, 2015, 120 days following the rule’s publication in the Federal Register, and will apply to federal contracts entered into or modified after the effective date.

To comply with the Final Rule, federal contractors and subcontractors must update the required Equal Employment Opportunity Clause in new or modified contracts, subcontracts, and purchase orders, update the equal opportunity language used in job solicitations, and update posted notices.  There is no requirement that federal contractors or subcontractors set placement goals on the bases of sexual orientation or gender identity, or to collect or analyze data on these bases.

OFCCP has published a list of frequently asked questions on its website, which may be accessed here.