Labor Department issues final rules protecting LGBT employees of government contractors

by Rob Howard
Associate Editor

In July 2014, President Barack Obama issued an Executive Order barring federal contractors from discriminating against their workers based on sexual orientation or gender identity. Yesterday, the Department of Labor announced final regulations and guidance implementing the order, called the Fair Pay and Safe Workplaces Executive Order.

In addition to the civil rights protections for LGBT workers, the Executive Order covers a wide range of other worker protections.

The Labor Department’s press release announcing the final rules quoted Labor Secretary Thomas Perez: “Federal contracts should deliver value for taxpayers in a way that is consistent with our nation’s values. Contractors that illegally cut corners at the expense of their workers should not benefit from taxpayer-funded federal contracts. At the same time, employers who meet their legal responsibilities should not have to compete with those who do not. The regulations and guidance we are announcing today seek to ensure a level playing field for contractors and workers alike.”

The Human Rights Campaign praised the action in a statement, saying, “’With these regulations, the Department of Labor is implementing President Obama’s executive order that helps provide crucial non-discrimination protections to employees of companies contracting with the federal government,’ said HRC Government Affairs Director David Stacy. ‘All workers, regardless of their sexual orientation or gender identity, deserve to be able to go to work and make a living free from unfair and unjust discrimination. These regulations will level the playing field for companies that play by the rules and know that equal opportunity and non-discrimination protections are good for business. They will also help ensure taxpayer funds are not used to unlawfully discriminate against LGBTQ people.’

“In July 2014, President Obama signed the executive order providing additional protections for workers employed by companies doing business with the federal government. By including new evaluation and enforcement mechanisms for reporting and remedying violations of existing labor requirements, that executive order bolstered the impact of the President’s previous landmark executive order that banned discrimination by federal contractors on the basis of sexual orientation and gender identity.”

The Labor Department’s issuance of rules implementing the President’s executive order is yet another step taken by an administration that has been extremely supportive of LGBT rights and protections, although executive orders and regulations could be withdrawn by a new administration that was not as supportive.

The HRC noted this problem, saying, “While these regulations will help protect employees of companies contracting with the federal government, the existing patchwork of legal protections for LGBTQ people in the United States as a whole leaves millions subject to uncertainty and at risk of discrimination. There is no federal law explicitly protecting LGBTQ people from discrimination, and 31 states still lack fully-inclusive non-discrimination protections for LGBTQ people. That’s why HRC is working with advocates and lawmakers to pass the Equality Act in Congress, as well as strong non-discrimination protections at the state and local levels. The Equality Act would finally guarantee explicit protections for LGBTQ people under our nation’s existing civil rights laws. It would provide clear, permanent, and equal protections under federal law for all Americans in vital areas of life, including employment, access to public spaces, housing, credit, education, jury service, and federally funded programs.”

Copyright 2016 The Gayly – August 25, 2016 @ 11:20 a.m.