The
information on this
page is taken directly
from the EEOC's web site.
Facts About Discrimination Based on Sexual Orientation,
Status as a
Parent, Marital Status and Political Affiliation
The U.S. Equal Employment Opportunity Commission (EEOC) does not
enforce the protections that prohibit discrimination and harassment based
on sexual orientation, status as a parent, marital status and political
affiliation. However, other federal agencies and many states and
municipalities do. The relevant federal agencies are listed below.
For assistance in locating your state or local agency, contact the
EEOC office nearest you.
In the federal government the Civil Service Reform Act of
1978 (CSRA), as amended, prohibits federal employees who have
authority to take, direct others to take, recommend or approve any
personnel action from discriminating against applicants and employees
on the bases of race, color, sex, religion, national origin, age,
disability, marital status or political affiliation and from
discriminating against an applicant or employee on the basis
of conduct which does not adversely affect the performance
of the applicant or employee. The Office of Personnel Management
(OPM) has interpreted the prohibition of discrimination based
on "conduct" to include discrimination based on sexual
orientation. See Addressing Sexual Orientation Discrimination
in Federal Civilian Employment at
http://www.opm.gov/er/address2/guide01.htm.
EEOC has jurisdiction of the prohibitions against employment
discrimination codified in Title VII of the Civil Rights Act of
1964, the Equal Pay Act of 1963, the Age Discrimination in Employment
Act of 1967, Sections 501 and 505 of the Rehabilitation Act of 1973,
Titles I and V of the Americans with Disabilities Act of 1990 and the
Civil Rights Act of 1991. These laws prohibit discrimination based on
race, color, sex, religion, national origin, age and disability.
The
Office of Special Counsel (OSC)
and the Merit Systems Protection Board
(MSPB) enforce the prohibitions against federal employment discrimination
codified in the CSRA. The OSC will defer those bases of discrimination
under EEOC's jurisdiction to the respective federal agency and its EEO
process. The CSRA also prohibits employment discrimination in the federal
government based on marital status, political affiliation and conduct
which does not adversely affect the performance of the employee, none of
which are within EEOC's jurisdiction. Moreover, the law defines ten other
prohibited personnel practices in the federal government, all of which
fall under the jurisdiction of the OSC and the MSPB. See Prohibited
Personnel Practices at http://www.osc.gov/ppp.htm.
Executive Order
13087, amending
Executive
Order 11478, was signed on May 28, 1998, to provide a uniform policy
for the federal government to prohibit discrimination based on sexual
orientation. Executive Order 11478 section 1 reads:
It is the policy of the government of the United
States to provide equal opportunity in federal employment for
all persons, to prohibit discrimination in employment because of
race, color, religion, sex, national origin, handicap, age, or sexual
orientation and to promote the full realization of equal employment
opportunity through a continuing affirmative program in each executive
department and agency. This policy of equal opportunity applies to
and must be an integral part of every aspect of personnel policy
and practice in the employment, development, advancement, and treatment
of civilian employees of the federal government, to the extent permitted
by law.
Executive Order 13087 did not create any new rights, however it
did set the stage for positive and constructive action by all units
of the federal government to make certain that the workplace is one
free from harassment and discrimination. Many of the Cabinet level
agencies have also issued policy statements prohibiting discrimination
based on sexual orientation. Some of the agencies have developed
parallel EEO complaint procedures allowing federal employees to
file EEO complaints based on sexual orientation within their agencies.
Executive Order 13152,
also amending Executive Order 11478, was signed on May 2, 2000, to
provide for a uniform policy for the federal government to prohibit
discrimination based on an individual's status as a parent. Executive
Order 11478 section 1 now reads:
It is the policy of the government of the United States
to provide equal opportunity in federal employment for all persons,
to prohibit discrimination in employment because of race, color,
religion, sex, national origin, handicap, age, sexual orientation or
status as a parent, and to promote the full realization of equal
employment opportunity through a continuing affirmative program in
each executive department and agency. This policy of equal opportunity
applies to and must be an integral part of every aspect of personnel
policy and practice in the employment, development, advancement, and
treatment of civilian employees of the federal government, to the extent
permitted by law.
Executive Order 13152 states that "status as a parent" refers to
the status of an individual who, with respect to an individual who
is under the age of 18 or who is 18 or older but is incapable of
self-care because of a physical or mental disability, is:
-
a biological parent;
-
an adoptive parent;
-
a foster parent;
-
a stepparent;
-
a custodian of a legal ward;
-
in loco parentis over such an individual; or
-
actively seeking legal custody or adoption of such an individual.
The Executive Order authorized the OPM to develop guidance on
the provisions of this Order.
For complaints of discrimination based on sexual orientation
or status as a parent, Executive Order 13087, Executive Order 13152
and the Civil Service Reform Act provide protection. The Cabinet
level agencies also have issued policy statements prohibiting
discrimination based on sexual orientation. In addition, some agencies
have developed parallel EEO complaint procedures allowing employees to
file EEO complaints based on sexual orientation within their agencies.
Employees should check with their agencies to see if processes exist
to handle these complaints. In addition, employees should check their respective
collective bargaining agreements and their agencies' negotiated
grievance procedures to determine whether grievance procedures can
be invoked to address these issues. Whether or not an agency has
internal procedures to address allegations of discrimination based on
sexual orientation, employees should consult the OPM's
publication, Addressing Sexual Orientation Discrimination
in Federal Civilian Employment, OWR-25 (June 1999).
Employees also should contact the OSC at (202) 653-7188 or at
http://www.osc.gov
and/or the MSPB at (202) 653-6772 or http://www.mspb.gov to determine
whether they have a prohibited personnel practice complaint under 5 U.S.C. 2302(b)(10).
This page was last modified
on the EEOC's web site on June 27, 2001.
