OFCCP’s LGBT Executive Order and its impact

by Terri Swain

Executive Order 13672 Highlights: LGBT non discrimination

  • E.O. 13672 went into the Federal Register Dec. 9, 2014 and will be effective April 8, 2015
  • Any place your organization displays the entire list of protected classes, gender identity and sexual orientation must be added
  • EO Clause for contracts and sub contracts should be amended, along with Ad tag lines, POs, etc. if the full list of protected classes is listed. If your policies use wording such as “Equal Opportunity Employer” without listing the classes, no update is necessary.
  •  EEO is the Law Poster will be updated with EO 13672 and VEVRAA/503. You can continue to use the existing poster until updates are available
  • No new data collection, outreach, or goals; no change to AAPs; no change to Assessment of Compliance; no change in AA requirements
  • No change to religious exemption
  • OFCCP will look at contract verbiage updates, ad tag lines, PO wording, etc. during an audit.
  • OFCCP will accept complaints of discrimination based on the new protected classes; will be dependent on discrimination happening on or after 4/8/2015 for sexual orientation but gender identity complaints are already covered (under sex discrimination complaints)

As always, we are ready to assist you with the flurry of changes.