Office of Federal Contract Compliance Programs (OFCCP)
Resources for Federal Contractors
Executive Order 13672 — Sexual Orientation and Gender Identity
Executive Order 13672 — Sexual Orientation and Gender Identity
OFCCP continues to conduct outreach to contractors and other stakeholders following the publication of the Final Rule implementing Executive Order 13672. During previous outreach meetings, several contractors asked for assistance with locating community and other resources to assist them with understanding how to treat employees and job applicants without regard to their sexual orientation and gender identity. To meet this need, OFCCP has created a non–exhaustive directory of organizations and other entities that offer resources and guidance to employers around issues related to creating an inclusive workplace for lesbian, gay, bisexual, and transgender (LGBT) employees.
The American Civil Liberties Union, a public interest advocacy organization, created an interactive map that allows users to view information about statewide employment non–discrimination laws related to sexual orientation and/or gender identity.
The Center for American Progress, a public policy research and advocacy organization, released a report in December 2014 entitled "We the People: Why Congress and U.S. States Must Pass Comprehensive LGBT Nondiscrimination Protections." This report provides information on issues affecting LGBT individuals in the workplace, such as hiring and firing, wages, and benefits.
Equal Employment Opportunity Commission (EEOC): Facts about Discrimination based on Sexual Orientation, or Transgender (Gender Identity) Status
The Equal Employment Opportunity Commission is a federal agency charged with enforcing laws prohibiting workplace discrimination under the authority of Title VII of the Civil Rights Act of 1964 (Title VII), among other civil rights laws. In 2012, the EEOC held, in Macy v. Holder, that discrimination against a transgender individual is considered sex discrimination. The decision highlighted that Title VII prohibits discrimination not only on the basis of biological sex, but also prohibits discrimination based on gender stereotyping. Macy decision.
Equality Federation is an organization dedicated to promoting equality for LGBT individuals. The Equality Federation created an interactive map called the Movement Advancement Project (MAP). The MAP website provides users with a snapshot of LGBT information that includes, but is not limited to, state LGBT population demographics, state LGBT laws, and listings of local municipalities and counties with non–discrimination ordinances.
The Human Rights Campaign is a LGBT civil rights organization that releases an annual report called the Corporate Equality Index (CEI.) The CEI uses methodologies to rate U.S. companies on their policies and practices related to LGBT employees. The criteria used to compile the CEI report can provide businesses with best practices for adopting inclusive policies for LGBT employees.
Lambda Legal Defense & Education Fund is an organization that advocates on behalf of LGBT individuals. The organization’s websites provides users with a "Tool Kit for Workplace Equality." The tool kit includes information on laws and legal protections for LGBT people, answers to common questions about LGBT people and the workplace, a resource guide, and worksheets that provide a list of best practices for interacting with LGBT individuals in the workplace.
The National Center for Lesbian Rights, an advocacy organization, released a report entitled "Advancements in State and Federal Law Regarding Transgender Employees." The report provides contractors with information on State and Federal laws affecting LGBT individuals and best practices for creating LGBT–friendly workplace policies and practices.
Out & Equal Workplace Advocates is an organization dedicated to achieving equality for LGBT individuals. The Out & Equal Workplace Advocates’ website provides online training, reports, tool kits and resource guides to assist employers with creating inclusive environments for LGBT employees.
The Williams Institute is a national think tank, associated with the University of California, Los Angeles, School of Law, which conducts research and releases reports on issues related to sexual orientation, gender identity, and public policy. In May 2013, the Institute released a report entitled, "The Business Impact of LGBT Supportive Workplace Polices." This report provides businesses with information on the positive links between LGBT–supportive policies and beneficial business outcomes.
In September 2014, the Williams Institute released a report entitled "Best Practices for Asking Questions to Identify Transgender and Other Gender Minority Respondents on Population–Based Surveys." This report provides businesses with strategies for gathering information related to the needs and experiences of transgender people and other gender minorities.
The Transgender Law and Policy Institute is a non–profit organization that advocates on behalf of transgender individuals. The Institute’s resource page provides users with information on LGBT–related nondiscrimination laws and policies, including maps and links to state legislation.
The Transgender Law Center is a civil rights organization that advocates on behalf of transgender communities. Its website provides educational materials for employers seeking information on best practices to prevent discrimination against LGBT individuals; it also includes a "Model Employer Policy" that employers can use as a tool to create inclusive employment policies for LGBT employees.
In December 2014, the U.S. Attorney General announced that the Department of Justice (DOJ) will take the position that the protections of Title VII of the Civil Rights Act of 1964 extends to claims of discrimination based on an individual’s gender identity, including transgender status. DOJ’s memorandum clarifies that DOJ’s Civil Rights Division has the ability to file Title VII claims against state and local public employers on behalf of transgender individuals.
U.S. Office of Personnel Management’s Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace
The U.S. Office of Personnel Management (OPM) released a policy statement addressing the employment of transgender individuals in the federal workplace. While this policy is not formally adopted by OFCCP and may not be legally binding on entities under OFCCP’s jurisdiction, the information contained in OPM’s policy provides businesses with a framework for understanding core concepts related to LGBT issues.
DISCLAIMER: : OFCCP created this non–exhaustive directory of organizations and other entities offering resources and guidance to employers seeking to create inclusive workplaces for lesbian, gay, bisexual, and transgender employees. The directory includes information from both the public and private sectors, and it will be updated periodically. Guidance developed by federal agencies for public sector use may not have applicability to private sector employers; nonetheless, some employers may still find it informative. OFCCP does not guarantee that the listed resources and guidance will be legally authoritative in every contractor situation or that using these resources will ensure compliance with applicable OFCCP regulations.