Generally,
sexual orientation refers to a present
or past preference for
heterosexuality, homosexuality,
or bisexuality. It also includes individuals who
may not be
homosexual or bisexual, but who for
one reason or another may be labeled as such.
A number of federal court decisions have held that
Title VII of the Civil Rights Act of 1964 also
protects job applicants and employees from discrimination
based on their sexual orientation. A few states have
laws specifically prohibiting discrimination based
on sexual orientation. At present, there are 13 states
and more than 200 municipalities (counties and cities)
that also have laws that prohibit sexual orientation
discrimination.
The 13 states that have laws prohibiting sexual orientation
discrimination in both private and public jobs are:
California, Connecticut, Hawaii, Maryland, Massachusetts,
Minnesota, Nevada, New Hampshire, New Jersey, New
York, Rhode Island, Vermont and Wisconsin. Seven states
have laws prohibiting sexual orientation discrimination
in public sector employment only: Illinois, Indiana,
Montana, New Mexico, Ohio, Pennsylvania and Washington.
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,
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 agency to see if processes
exist to handle these complaints. In addition, employees
should check their respective collective bargaining
agreements and their agency’s negotiated grievance
procedures, to determine whether grievance procedures
can be invoked to address these issues.
Office of Special Counsel (OSC)
Federal agencies, as well as their managers, should
commit themselves to promoting a work environment
that is free from discrimination based upon sexual
orientation, in accordance with Executive Order
13087. Agencies should distribute the President's
Executive Order to their employees and should notify
them about avenues of redress. Employees should be
encouraged to report to their supervisor instances
of discrimination. When made aware of problems, supervisors
should consult with their human resources office or
agency legal counsel to ensure that appropriate steps
are taken. All reports of incidents of sexual orientation
discrimination should be taken seriously and addressed.
In some circumstances, this may involve taking corrective
steps or disciplining those who discriminate, as appropriate.
