HR Management & Compliance

OFCCP updates guidance on gender identity and transgender discrimination

by Tammy Binford

On August 19, the Office of Federal Contract Compliance Programs (OFCCP) announced a new directive related to its decision to update its enforcement actions regarding gender identity and transgender discrimination.

On June 30, the U.S. Department of Labor (DOL) announced it would update its enforcement protocols and guidance to reflect that the full protection of federal antidiscrimination laws applies to claims of gender identity or transgender status.

The OFCCP enforces contractual promises of affirmative action and equal employment opportunity required of federal employers and contractors. The new directive—DIR 2014-02—explains that the OFCCP will adhere to the existing framework under Title VII of the Civil Rights Act of 1964 for proving sex discrimination when investigating potential discrimination based on gender identity or transgender status.

That framework stems from the Equal Employment Opportunity Commission’s (EEOC) 2012 decision in Macy v. Holder. In the Macy case,the EEOC found that Title VII prohibits discrimination based on biological sex or gender stereotyping.

The new directive, which takes effect immediately, says that in compliance evaluations and complaint investigations, the OFCCP will investigate and seek to remedy discrimination that is related to an individual’s gender identity or transgender status.

Click here for more information on HRHero’s August 26 webinar on gender identity discrimination. For more information or to register for HRHero’s October 30 webinar on the OFCCP’s new LGBT regulations, click here.