On December 3, 2015 the Office of Federal Contract Compliance Programs (OFCCP) published a final rule prohibiting discrimination based on sexual orientation and gender identity. This rule took effect April 8, 2015 and will apply to all federal contractors and subcontractors who enter into or modify existing contracts on or after April 8, 2015.
What changes will contractors need to implement:
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Include gender identity and sexual orientation in their Equal Opportunity Clause in covered subcontracts and purchase orders.
- Job advertisement tagline will need to be updated to include gender identity and sexual orientation if other protected classes are listed.
- Updated EEO is the Law poster coming soon.
- Updated polices where the phrase “sex or national origin” exists substitute “sex, sexual orientation, gender identity, or national origin.”
What is not changing:
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No self-id form
- No data collection or analysis
- No change to religious exemption
- No goals or outreach requirements
- No mandatory training
Definitions:
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Gender Identity - one’s internal sense of one’s own gender. It may or may not correspond to the sex assigned to a person at birth, and may or may not be made visible to others.
- Sexual Orientation - an individual’s physical, romantic, and/or emotional attraction to people of the same and/or opposite gender. Examples of sexual orientations include straight (or heterosexual), lesbian, gay, and bisexual.
Best Practices:
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Include sexual orientation and gender identity in training programs for managers and those involved in the selection process.
- Conduct outreach to lesbian, gay, bisexual and transgender (LGBT) organizations to receive information and assistance on creating an inclusive workplace.
What to expect during audit:
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OFCCP may request contracts or purchase order with updated EO Clause.
- OFCCP will review your career site/online job advertisements for updated tagline & updated EEO is the Law poster.
- During an OFCPP onsite visit, they will verify updated EEO is the Law poster posted.
If you have any questions or would like assistance with implementing this new rule feel free to call or email me. Also review OFCCP’s resources including their FAQs, outreach resources and webinars. |
