A bill (S-815) up for Senate voting would add protections against discrimination in the workplace, including inside the federal government, based on sexual preference or gender identity.
The bill, which the White House supports, would make it illegal for an employer to fail or refuse to hire, to discharge, or to otherwise discriminate with respect to the compensation, terms, conditions, or privileges of employment because of an individual’s actual or perceived sexual orientation or gender identity. It would be similarly illegal to limit, segregate, or classify employees or applicants in any way that would deprive any individual of employment or adversely affect an individual’s status as an employee.
It meanwhile would prohibit an employer from granting preferential treatment or implementing quotas on the basis of such actual or perceived orientation or identity.
Civil service law already bars certain employment practices motivated by any non-merit-based factor. In addition, a June 17, 2009 presidential memo states that sexual identity is covered by lawbarring discrimination against federal employees or applicants on the basis of factors not related to job performance. However, the bill would create new legal rights similar to those provided under the Civil Rights Act and other anti-discrimination laws.
It would place the burden of proof on the complaining party to establish an unlawful employment practice by demonstrating that sexual orientation or gender identity was a motivating factor, even though other factors also may have motivated the practice.