Labor Secretary Tom Perez writes, ” My colleagues in the Office of Federal Contract Compliance Programs have enforced the government’s nondiscrimination laws for federal contractors for years. Their work ensures that contractors and subcontractors doing business with the government don’t use taxpayer money to discriminate in employment on the basis of race, color, religion, sex, national origin, disability or status as a protected veteran. With this executive order, it will also include America’s LGBT workers.
President Obama signed an executive order extending workplace protections to lesbian, gay, bisexual and transgender (LGBT) Americans in the federal contracting workforce in July, 2014. Executive Order 11246 protects workers employed by or seeking jobs with federal contractors and subcontractors from discrimination on the basis of race, color, religion, sex or national origin. Through this action, President Obama amended EO 11246 to add protections for sexual orientation and gender identity. T
Executive Order 11246, issued by President Lyndon B. Johnson, prohibits federal contractors from discriminating “against any employee or applicant for employment because of race, color, religion, sex, or national origin.” President Obama’s Executive Order will add sexual orientation and gender identity to the list of protected categories.
President Obama’s Executive Order does not allow for any exemption beyond the one added by Executive Order 13279, issued by President George W. Bush, which permits religiously affiliated contractors to favor individuals of a particular religion when making employment decisions, by specifying that Executive Order 11246, “shall not apply to a Government contractor or subcontractor that is a religious corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractors and subcontractors are not exempted or excused from complying with the other requirements contained in this Order.” In addition, under the First Amendment, religious entities are permitted to make employment decisions about their ministers as they see fit.
Executive Order 11246 governs only federal contractors and federally-assisted construction contractors and subcontractors who do over $10,000 in Government business in one year. It does not affect grants and President Obama’s Executive Order does not impact the administration of federal grants. The Order is administered and enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). As part of these duties, OFCCP conducts compliance reviews, receives complaints from individuals who believe they have been discriminated against, and provides technical assistance to contractors regarding their contractual obligations. More information can be found at www.dol.gov/ofccp.