HR Management & Compliance

OFCCP Issues New Directive on Gender Identity, Sex Discrimination

Another step in tightening the employment law obligations of federal contractors has begun with an Aug. 19 directive that protects individuals with claims of gender identity and transgender status from discrimination. The directive, from the Office of Federal Contract Compliance Programs under the U.S. Department of Labor, was spurred by an executive order issued by President Obama in June.

The new directive clarifies the scope of Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, or national origin. It takes effect immediately, and will apply to contracts entered into on or after the effective date of the implementing regulations.

The directive also: (1) reaffirms that in compliance evaluations and complaint investigations, OFCCP fully investigates and seeks to remedy instances of sex discrimination that occur because of an individual’s gender identity or transgender status; and (2) explains that, when investigating instances of potential discrimination, OFCCP will use the existing Title VII framework for proving sex discrimination, as outlined in OFCCP’s Federal Contract Compliance Manual.

For more information, see the article at hr.complianceexpert.com.

 

 

 

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