CAI’s Manager for Affirmative Action Services, Kaleigh Ferraro, shares important information regarding the workplace and the protections of those who are in the LGBT community. Make sure you are compliant.
Recently there has been a lot of activity regarding the protections and requirements for people who are in the LGBT (lesbian, gay, bisexual, transgender) community. This activity has occurred with state regulations regarding same sex marriage and rulings by the US Supreme Court about the validity of these marriages. The Department of Labor adopted a new definition of spouse (on March 27, 2015) to include those people who are part of legal same sex marriages. This will afford spouses in same-sex marriages the same FMLA rights as traditional marriages.
The White House has taken another approach to provide and expand protections to individuals in the LGBT community. President Obama issued Executive Order 13672 prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors. In response to President Obama’s request to expand protections to these groups, the Office of Federal Contracts Compliance Programs (OFCCP) issued final rule amending Executive Order 11246. This update became effective on April 8, 2015.
What that means for companies covered by affirmative action regulations is that they will need to include sexual orientation and gender identity as protected groups just as they currently do for race, color, religion, sex and national origin. If you are a federal contractor or subcontractor, you should be doing:
- Update EEO/AA policies to include gender identity and sexual orientation
- Update handbook and other policies to include gender identity and sexual orientation
- Update EO Clauses and required language in subcontracts and purchase orders to include gender identity and sexual orientation
- Update any other documentation where protected classifications are listed to include gender identity and sexual orientation
- Train managers and personnel responsible for employment decisions on the newly protected categories
As states and federal government continue to move in the direction of a more diverse and inclusive environment, so should companies. Federal contractors may also want to consider conducting training for workforce on these protections and ensure there is a culture of acceptance and non-discrimination for these newly protected classifications.
If you have any questions about these changes or how it affects your organization feel free to contact me, Kaleigh Ferraro, directly at 919‑713‑5241 or firstname.lastname@example.org.