DOL Publishes Final Rule on Sexual Orientation and Gender Identity Discrimination

Today, the U.S. Department of Labor takes a major step forward in the march toward full equality by publishing a final rule barring federal contractors and subcontractors from discriminating in employment on the bases of sexual orientation and gender identity. A press release announcing the rule is available online at: http://www.dol.gov/opa/media/press/ofccp/OFCCP20141942.htm

Key takeaways for employers regarding the Final Rule:

  • No new data collection or record-keeping requirements are attached to this announcement
  • Will be published in the Federal Register (FR) tomorrow
  • Effective 120 days from date of publication in the FR
  • Applies to any new or modified contracts entered into after effective date (120 days from FR publication date)
  • No self-id requirements
  • Purely non-discrimination of LGBT individuals
  • Went directly to Final Rule without the traditional comment period associated with NPRMs

EEO Clause requirements – watch the FAQs closely for some technical explanations of how this should be addressed. Basically, wherever companies use the language ‘sex, race, color, religion, national origin, disability, status as a protected veteran, they must now include sexual orientation and gender identity.

To learn more about this action, please check out www.dol.gov/ofccp/LGBT.

DirectEmployers Members, please don’t hesitate to contact Candee Chambers, VP of Compliance & Partnerships, with any questions or concerns!

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