LGBT Workers: Gov't Stops Investigating Gay Bias Claims In Civil Service
Fri. February 13, 2004 12:00 AM by 365gay.com
Washington, D.C. -
An LGBT civil service group says the federal government appears to have dropped its policy of Investigating and prosecuting employment discrimination based on sexual orientation.
Since 1998, when President Bill Clinton issued an executive order prohibiting bias in the civil service, the job of enforcing the rule has fallen to the Office of Special Counsel. But OSC is accused of retreating from the policy.
The OSC has removed references to sexual orientation-based discrimination from its complaint form, the OSC basic brochure, training slides and a two-page flier entitled "Your Rights as a Federal Employee."
The OSC also removed from its website a press release issued by the OSC in June 2003 that announced the settlement of a case involving discrimination based on sexual orientation against an applicant to the Internal Revenue Service.
Federal Globe, the umbrella organization for gay, lesbian and bisexual employee support groups in federal workplaces, is demanding an explanation.
"Gay, lesbian, bisexual and transgender employees have a right to know what their options are if a prohibited personnel practice is committed against them and that they are protected from adverse actions and discrimination based on their sexual orientation. OSC's action clearly undermines this understanding and declares open season on the gay, lesbian, bisexual and transgender federal employee," the group says in a statement.
The Human Rights Campaign is also seeking answers from the OSC.
"The federal government has a long-established practice of making employment decisions based on how well people can do their jobs, not on their sexual orientation or other factors," said HRC President Cheryl Jacques.
"President Bush has spoken time and again about the importance of respect and tolerance. Make no mistake, there is neither respect nor tolerance in robbing hard-working individuals of their workplace security."
The law, 5 USC 2302(b)(10), prohibits discrimination against federal employees or job applicants on the basis of off-duty conduct that does not affect job performance. Although there is no explicit reference to sexual orientation in the statute, it has long been interpreted to include sexual orientation. Executive Order 13087 - issued May 28, 1998 - reaffirmed that position.
by Paul Johnson
365Gay.com Newscenter
Washington Bureau Chief
©365Gay.com® 2004
Since 1998, when President Bill Clinton issued an executive order prohibiting bias in the civil service, the job of enforcing the rule has fallen to the Office of Special Counsel. But OSC is accused of retreating from the policy.
The OSC has removed references to sexual orientation-based discrimination from its complaint form, the OSC basic brochure, training slides and a two-page flier entitled "Your Rights as a Federal Employee."
The OSC also removed from its website a press release issued by the OSC in June 2003 that announced the settlement of a case involving discrimination based on sexual orientation against an applicant to the Internal Revenue Service.
Federal Globe, the umbrella organization for gay, lesbian and bisexual employee support groups in federal workplaces, is demanding an explanation.
"Gay, lesbian, bisexual and transgender employees have a right to know what their options are if a prohibited personnel practice is committed against them and that they are protected from adverse actions and discrimination based on their sexual orientation. OSC's action clearly undermines this understanding and declares open season on the gay, lesbian, bisexual and transgender federal employee," the group says in a statement.
The Human Rights Campaign is also seeking answers from the OSC.
"The federal government has a long-established practice of making employment decisions based on how well people can do their jobs, not on their sexual orientation or other factors," said HRC President Cheryl Jacques.
"President Bush has spoken time and again about the importance of respect and tolerance. Make no mistake, there is neither respect nor tolerance in robbing hard-working individuals of their workplace security."
The law, 5 USC 2302(b)(10), prohibits discrimination against federal employees or job applicants on the basis of off-duty conduct that does not affect job performance. Although there is no explicit reference to sexual orientation in the statute, it has long been interpreted to include sexual orientation. Executive Order 13087 - issued May 28, 1998 - reaffirmed that position.
by Paul Johnson
365Gay.com Newscenter
Washington Bureau Chief
©365Gay.com® 2004
This article originally appeared on 365gay.com. Republished with permission.