OFCCP Issues Directive On Handling Sexual Orientation and Gender Identity Complaints | Practical Law

OFCCP Issues Directive On Handling Sexual Orientation and Gender Identity Complaints | Practical Law

The Office of Federal Contract Compliance Programs (OFCCP) released Directive 2015-01, establishing OFCCP's policy for handling and investigating gender identity and sexual orientation complaints made against federal contractors and subcontractors. The directive took effect on April 16, 2015.

OFCCP Issues Directive On Handling Sexual Orientation and Gender Identity Complaints

Practical Law Legal Update 1-611-4245 (Approx. 4 pages)

OFCCP Issues Directive On Handling Sexual Orientation and Gender Identity Complaints

by Practical Law Labor & Employment
Published on 05 May 2015 • USA (National/Federal)
The Office of Federal Contract Compliance Programs (OFCCP) released Directive 2015-01, establishing OFCCP's policy for handling and investigating gender identity and sexual orientation complaints made against federal contractors and subcontractors. The directive took effect on April 16, 2015.
On April 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) released Directive 2015-01, establishing OFCCP's policy for handling and investigating gender identity and sexual orientation complaints made against federal contractors and subcontractors. The directive took effect on April 16, 2015.
Executive Order 11246, which prohibits federal contractors from discriminating against individuals on the basis of race, color, religion, sex or national origin, was amended on July 21, 2014 by Executive Order 13672 to include sexual orientation and gender identity as protected classes. On April 8, 2015, OFCCP issued a final rule implementing Executive Order 13672 prohibiting discrimination based on sexual orientation and gender identity in federal government and federal contractor employment.
Under Directive 2015-01, OFCCP will:
  • Accept and investigate individual and systemic complaints alleging discrimination based on gender identity or sexual orientation against a federal contractor or subcontractor.
  • Analyze each complaint to determine whether discrimination occurred on the basis of gender identity or sexual orientation (as well as sex).
  • Coordinate with and refer complaints to the EEOC on a case-by-case basis.
  • Continue to enforce Executive Order 11246's nondiscrimination obligations according to case law under Title VII and the interpretations of the EEOC, including the EEOC's conclusions in Macy v. Holder (cited in Directive 2015-01) that:
    • discrimination based on transgender status is sex discrimination in violation of Title VII; and
    • disparate treatment of transgender employees for not conforming to gender stereotypes associated with their biological sex is sex discrimination.
    (EEOC DOC 0120120821, (April 20, 2012).)