Federal Manager's Daily Report

A new guide on sexual orientation and gender identity discrimination in the federal workplace largely pulls together and restates previously existing policies rather than setting new policies, while specifying expectations of management. OPM, EEOC, OSC and MSPBissued the guide jointly.

It says discrimination against lesbian, gay, bisexual, and transgender individuals is prohibited by Title V of the Civil Rights Act, which “protects persons who have been discriminated against based on sexual orientation and gender identity. . . The EEOC has instructed agencies to accept claims alleging sexual orientation or gender identity discrimination as claims of sex discrimination and to investigate those claims to determine if discrimination on the basis of sex occurred (including discrimination based on sex stereotypes).”

If employees think they have been the victims of sexual orientation or gender identity discrimination, they may file a complaint through the EEO complaint process. They also may have rights under union-negotiated grievance procedures or under agency-specific systems established to resolve disputes less formally.

In addition, it says, two provisions of the Civil Service Reform Act of 1978 make discrimination based on sexual orientation or gender identity a prohibited personnel practice. One parallels Title VII’s prohibitions against workplace discrimination based on sex. The second prohibits agencies from discriminating against employees based on conduct that does not adversely affect job performance. “This prohibition has long been recognized as barring discrimination based on sexual orientation and gender identity,” it says.

When individuals believe that they have been subjected to a prohibited personnel practice based on sexual orientation or gender identity, they may seek assistance under certain circumstances from the OSC and/or the MSPB.